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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Director General, Government of India, Ministry of Home Affairs, Sashastra Seema Bal – Appellant
Versus
Debasish Chatterjee @ Debasish Kumar Chatterjee – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellants have assailed the judgement and order dated April 22, 2022 passed by the learned Single Judge in WPA No. 774 of 2022. By the impugned judgement and order, the learned Single Judge has allowed the Writ Petition challenging an order of punishment passed in a disciplinary proceeding against the Respondent No. 1. Learned Single Judge has set aside the order of punishment dated June 21, 2021, passed by the Appellate Authority against the Respondent No. 1.
2. Learned Deputy Solicitor General appearing for the appellants has submitted that the Respondent No. 1 was a member of the Sashastra Seema Bal (SSB). A disciplinary proceeding had been initiated against the Respondent No. 1 which resulted in an order of punishment upheld by the Appellate Authority by the order dated June 21, 2021. He has contended that the order of the Appellate Authority concurred with the punishment imposed against the Respondent No. 1 by the disciplinary authority. The disciplinary authority had imposed a punishment of compulsory retirement and directed deduction from the pension receivable by the Respondent No.1.
3. Learned Deputy Solicitor General has contended that, the q
Deduction of pension as a punishment is not prescribed under the Sashastra Seema Bal Act, 2007, and the disciplinary authority cannot impose it without statutory backing.
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.
Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
Disciplinary penalties must adhere to procedural safeguards and proportionality; excessive penalties undermine justice and violate rights.
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
The court emphasized the authority's power to enhance punishment within the specified time frame and the permissibility of disciplinary proceedings despite acquittal in a criminal case.
Disciplinary actions against retired employees must comply with specific procedural rules, and any penalties imposed must be within the authority's jurisdiction, failing which such actions are void.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
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