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VIJAY BISHNOI, KARDAK ETE
State of A. P. , Represented by the Chief Secretary, Govt. of Arunachal Pradesh – Appellant
Versus
A. C. Bauruah, S/o. Late Debeswar Baruah – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. O. Pada, learned Counsel for the appellant-State. And also heard Mr. T. Tagum, learned counsel for the respondent.
2. This Intra-Court appeal is directed against the judgment and order dated 24.11.2020, passed by the learned Single Judge in WP(C) No.460(AP)/2019, whereby, the writ petition has been allowed by holding that the departmental proceedings and the police investigation against the respondent/petitioner are illegal and void ab initio, thereby, setting aside the U.O Note dated 07.05.2015, vide No.SLA/PER-01/2015-16/359 and the Vigilance Inquiry No.SIC(VIG.) P.S. Enquiry No.38/2017 and other consequential orders or proceedings. The learned Single Judge has also directed to pay the pension to the respondent/petitioner.
3. The respondent/petitioner was an Arunachal Pradesh Civil Service cadre officer, who had served in various capacities under the Govt. of Arunachal Pradesh and has retired from the post of Deputy Secretary (Power and Hydro Power), Govt. of Arunachal Pradesh, on attaining the age of superannuation on 31.12.2017.
4. Genesis of case emanates from the U.O. Note No.SLA/PER-01/2015-16/359, by one Shri Nabam Rebia, the then Speaker of t
Criminal proceedings against a retired government employee are not subject to the same limitations as departmental proceedings under the CCS (Pension) Rules, 1972.
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
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.
Pension withholding under CCS (Pension) Rule 9 requires explicit finding of grave misconduct; absent it, order quashed.
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