1985 Supreme(MP) 472

Dr. T. N. Singh, J.
Bhoopat Narain Sharma v. State of M. P.
M. P. No. 266 of 1981 (G): Decided on 29-9-1985.

Headnote:Civil Services Pension Rules, 1976 (M. P.) -- R. 9 -- continuation of disciplinary proceeding against civil servant -- not permissible automatically.

        In this case, Shri P. D. Agrawal, Panel Lawyer, is very fair although he is vocally suggestive of helplessness in supporting the action of the State Government. He has fairly conceded that if I am not persuaded to take different view, different from the view which I took in the case of Girija Phukan (1984 2 CLR 488), the State is out of Court. The Division Bench of Gauhati High Court construed in that case a provision which is peri materia with rule 9 of M. P. Civil Services (Pension) Rules, 1976 and held that there cannot be an automatic continuation of disciplinary proceedings against a civil servant after his retirement.

        Held : In the instant case, the petitioner retired on 29-2-1980. A disciplinary proceeding was pending against him when he retired and it is still continuing and limping indefinitely with an indefinite end. The petitioners pension has been withheld on that account. However, the admitted position is that for the continuation of departmental proceeding, there is no decision rendered by the Governor, which he has to do. An automatic continuation of the proceeding, on the ratio of Girija Phukan (supra) is not contemplated and in the absence of any decision by the competent authority to continue the proceedings, further continuance thereof shall be illegal and without jurisdiction. It is also the admitted position in this case that for taking decision to continue the proceedings, no show-cause notice was served on the petitioner, which requirement also follows from the holding in Girija Phukan (supra).

        For the foregoing reasons, the impugned proceedings (Ex. P-2), contemplated under letter dated 18-2-1980 by the Under Secretary to Government, Madhya Pradesh. General administration Department are hereby quashed. The State of Madhya Pradesh is directed to pay the petitioner all arrears of pension due to him and continue to pay the same in accordance with law. The compliance of this order must be effected within one month as this matter is stagnating in this Court for the last four years and it concerns the case of a poor pensioner whose woes must belie description. (1984) 2 CLR 488 relied on. Petition allowed.