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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. MEHARE, SHAILESH P. BRAHME, JJ
Ramesh S/o Gangadhar Patil – Appellant
Versus
Ex-officio Chairman – Respondent
JUDGMENT :
Shailesh P. Brahme, J.
1. With the consent of parties heard both sides.
2. Petitioner is superannuated employee of the respondent, who is aggrieved by order dated 30.10.2006 passed by the Respondent No. 2 as well as order dated 20.02.2008 passed by the Respondent No.1/Appellate Authority dismissing his appeal. Due to the impugned orders petitioner is deprived of pensionary benefits, as he was found guilty in the departmental enquiry.
3. Petitioner was working as Superintending Engineer at Latur Circle since 05.10.1999 and was entrusted with rehabilitation work of Earthquake Affected Persons from Osmanabad. He was found to have indulged in misconduct involving financial irregularities. During his tenure, he was issued with charge-sheet vide communication dated 06.11.2000, levelling three charges against him. Reply to the charge-sheet was tendered by him, denying the charges. When the disciplinary action was pending, he attained age of superannuation on 30.11.2001. He was relieved vide order dated 21.11.2001 subject to the decision of departmental enquiry pending against him. First Information Report was also lodged against him and the prosecution was pending till filing of th
Disciplinary proceedings against a superannuated employee can continue if initiated during service, provided due process is followed, and penalties must be proportionate to the misconduct.
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
Articles 226 and 227 of Constitution of India, High Court shall not reappreciate evidence and interfere with conclusions of inquiry and cannot go into adequacy of evidence or reliability of evidence ....
A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.
The withholding of pension requires a clear finding of grave misconduct or negligence, which must be recorded by the competent authority, not merely inferred from the enquiry report.
The Disciplinary Authority must provide a tentative opinion and an opportunity for hearing before disagreeing with the Inquiry Officer's findings, adhering to principles of natural justice.
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
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