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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Naresh Kumar Chandravanshi, J
Suresh Singh S/o Late Vijay Bahadur Singh – Appellant
Versus
State Of Chhattisgarh Through Its Secretary, Department Of Home And Police Mantralaya, Mahanadi Bhawan, Nawa Raipur – Respondent
Order :
(Naresh Kumar Chandravanshi, J.)
1. Since in both the cases, issue for determination is one and the same, whether despite denial by the employee of allegation of embezzlement of lacs of rupees, without any departmental proceeding or any judicial proceeding (criminal case), any recovery can be made from that employee and his retiral dues can be withheld, therefore, both the petitions are being heard together and decided by this common order. For convenience, most of the documents have been referred from WPS No. 8586/2019.
2. Facts of the case in nutshell are that, the petitioner was initially appointed on the post of Constable (Mechanic) on 1-7-1982 in the police department. On 11-6-2011, while he was posted as Assistant Sub Inspector (Mechanic), he was directed to do duty in ‘Shourya Petrol Pump’, Police Line, Raipur (henceforth, referred to as ‘petrol pump’) without any written/formal order. From 11-6-2011 to 7-4-2014, he performed duty in said petrol pump under oral instruction of respondent No. 4/5. Thereafter, upon oral instruction, he was returned to Police Line, Raipur in M.T. Branch. Petitioner was holding technical post and in the petrol pump also, he was looking after
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
Disciplinary proceedings cannot continue post-retirement without specific provisions, and recovery from retirement benefits is impermissible without legal authority.
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
The requirement of valid sanction, limitation on initiating action after retirement, and the necessity of specific charges for fair opportunity for defense.
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