Disciplinary proceedings against a retired government servant must comply with statutory requirements, including issuing a second show-cause notice and following appropriate rules for post-retirement actions.

Judgment:

Biraja Prasanna Satapathy, J.

1. Heard Mr. B. Mohanty, learned counsel for the petitioner and Mr. S.P. Das, learned Addl. Standing Counsel for the State.

2. The present Writ Petition has been filed inter alia challenging order dated 29.11.2024, so issued by Opp. Party No.2 under Annexure-13. Vide the said order, while disposing the proceeding, Opp. Party No.2 being the disciplinary authority, passed the order of punishment by directing recovery of a sum of Rs.6,51,039.13/- along with simple interest @ 18%.

3. Learned counsel for the petitioner contended that the proceeding in question was initiated vide Memorandum dated 04.11.1994 under Annexure-2. Initially without supplying the enquiry report, when the proceeding was disposed of, with passing of an order of punishment, the matter was carried to this Court in W.P.C(OAC) No.1852 of 2009. The said Writ Petition was disposed of by this Court on 06.03.2023 inter alia considering the submission of the learned Addl. Govt. Advocate that, the order of punishment has been passed without supplying copy of the Enquiry Report.

3.1. Accordingly, basing on such submission made by the learned Addl. Govt. Advocate, while quashing the order of punishment so passed, this Court directed O.P. No.2 to dispose of the proceeding in accordance with law. It is contended that by the time such an order was passed by this Court, petitioner had already retired from service on attaining the age of superannuation on 30.04.2017.

3.2. It is contended that since the proceeding could not be disposed of prior to retirement of the petitioner, the proceeding should have been disposed of in accordance with Rule-7 of the OCS(Pension) Rules, 1992 (in short Rules) and such order of punishment can only be passed by the Govt.-O.P. No.1. But on the face of the order passed by this Court on 06.03.2023 under Annexure-4, Opp. Party No.2 without taking step to convert the proceeding to a Rule-7 proceeding, passed an order of punishment vide the impugned order dated 29.11.2024 under Annexure-13 and that too in terms of the provisions contained under Rule-15 of the OCS(CCA) Rules, 1962. Rule-7 of the Rules reads as follows:-

“7.Right of Government to Withhold or Withdraw Pension-

(1) The Government reserve 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 permanently or for specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence in duty during the period of his service including service rendered on re-employment after retirement:

Provided that the Odisha Public Service Commission shall be consulted before any final orders are passed:

Provided further that when a part of pension is withheld / withdrawn, the amount of such pension shall not be reduced below the amount of minimum limit.

(2) (a) Such departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service, whether before his retirement or during his reemployment, shall, after the final retirement of the Government servant, be deemed to be a proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service:

Provided that when the departmental proceedings are instituted by an authority, subordinate to Government that authority shall submit a report recording its findings to the Government.

(b) such departmental proceedings as referred to