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C. HARI SHANKAR, TUSHAR RAO GEDELA
C. S. MALIK – Appellant
Versus
COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. This writ petition is instituted by the successful applicant before the Central Administrative Tribunal [“the Tribunal” hereinafter] in OA 4650/2015. Despite succeeding in a large measure in his challenge to the action against him, the respondent still harbours certain grievances against the final decision of the Tribunal, which have persuaded him to invoke Article 226 of the Constitution of India.
2. We have heard Mr. S.S. Tiwari, learned Counsel for the petitioner, and Mr. Bhuvnesh Satija, learned Counsel for the respondent, at some length.
3. Inasmuch the respondent has substantially succeeded in his challenge before the Tribunal, any detailed allusion to facts can conveniently be eschewed.
4. A brief recital is, however, necessary. The respondent was a Senior Deputy Financial Adviser in the Council of Scientific and Industrial Research (CSIR). He was issued a Memorandum dated 31 August 2015 [“the charge sheet” hereinafter] proposing to institute disciplinary proceedings against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [“CCS (CCA) Rules” hereinafter]. The memorandum contained a sole Article of C
Disciplinary proceedings initiated post-superannuation must adhere to principles of natural justice, and delayed retirement benefits warrant interest.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
Inordinate delay, procedural violation in CVC consultation without representation, and failure to obtain mandatory UPSC advice under CCS (Pension) Rules vitiate disciplinary proceedings imposing pens....
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
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.
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
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