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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Union of India – Appellant
Versus
Dilip Kumar Verma – Respondent
JUDGMENT :
Sujoy Paul, J.
1. This matter has a chequered history. The parties have fought a long-drawn battle in the corridors of the Court. The respondent no.1/writ petitioner, while working as an Inspector, RPF, CIB, was placed under suspension and was served with a charge memorandum. The respondent no.1 herein filed W.P. No. 4633(W) of 2011, challenging the charge-sheet. The said writ petition was disposed of by the learned Single Judge by an order dated August 2, 2013, by holding that the Bench is not able to quash the disciplinary proceeding. However, it was observed and directed that the disciplinary authority was free to proceed with the adjudication but such adjudication must be done strictly bearing in mind the ratio of the judgment of the Supreme Court in the case of Shri D.V. Kapoor v. Union of India & Ors. reported in 1990(3) SLR 5 . With this observation, the writ application was disposed of.
2. The order dated August 2, 2013, passed in WP 4633 (W) of 2011 became the subject-matter of challenge in an appeal being FMA 51 of 2014. Vide order dated January 31, 2017, while declining interference on the order of the learned Single Judge, it was observed that dismissal of appea
Disciplinary proceedings against a retired employee can continue if initiated during service; defining grave misconduct under pension rules does not require explicit mention in charges, as grave alle....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
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 court emphasized the principle of parity in punishment, ruling that disproportionate penalties among co-delinquents violate principles of equality and natural justice.
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
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.
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