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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, N.R.BORKAR
Somshekar Kashinath Babaladi – Appellant
Versus
Union of India, through Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to disciplinary action and pension forfeiture (Para 1 , 6) |
| 2. background details on petitioner’s employment and caste status (Para 2 , 3 , 4 , 5) |
| 3. arguments from petitioner and respondents regarding the vrs application (Para 7 , 8) |
| 4. interpretation of rule 9 of the ccs pension rules (Para 9 , 10) |
| 5. court's reasoning against disciplinary proceedings (Para 11) |
| 6. ordering relief and payment to petitioner (Para 12) |
JUDGMENT :
(PER N.R. BORKAR, J.)
1. The Petitioner takes exception to Order dated 31.07.2024 passed by the Ld. Central Administrative Tribunal (for short ‘Tribunal’) in Original Application No. 145 of 2014. The Tribunal dismissed OA filed by the Petitioner challenging the Order dated 06.08.2013 issued by the Respondent no.1. By the impugned order, the petitioner was subjected to a permanent penalty entailing the forfeiture of his entire monthly pension along with his entire gratuity.
2. The Petitioner is a retired Superintendent of Central Excise, Thane II Commissionerate. Respondent no.1 is the Secretary of the Minister of Finance, Department of Revenue. The Respondent no.2 is the Commissioner of Central Excise, Thane II.
3. The brief facts giving ri
Disciplinary proceedings against a retired government employee initiated beyond four years are arbitrary and violate CCS Pension Rules, affirming the principle of fairness and legitimate expectation.
Pensionary benefits cannot be withheld without statutory adjudication during service; employees are entitled to benefits unless properly invalidated by law.
legislative intent of framing Rule 9 is to preserve the authority to the Government to withhold pension or gratuity of a retired Government servant if it is found that during his service he was guilt....
The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension)....
The court ruled that departmental inquiries against retired employees must be initiated within four years of the event, but timing is reckoned from retirement, affirming responsibility on the petitio....
The central legal point established in the judgment is that disciplinary proceedings must be conducted in a timely manner, and the imposition of penalties after the retirement of the petitioner is co....
Pension is a constitutional right and cannot be withheld without proper justification, even if a caste certificate is disputed.
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