Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Civil Service Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Civil Service Regulations, Article 470(b): Pension-Whether Government competent to direct reduction-Government Servant-Whether entitled to be heard. Practice and Procedure: Government servant-Show cause notice issued under statutory provision-Courts to be reluctant to interfere unless issuance palpably without any authority of law. Service law. Disciplinary proceedings-Whether could be resumed after superannuation. Article 470(b) of the U.P. Civil Service Regulations provides for E reduction in pension amount by the sanctioning authority in cases where the service of a Government servant has not been thoroughly satisfactory. A number of charges framed against the first respondent were found proved in a departmental inquiry. He was dismissed from service by order dated November 10, 1972. The U.P. Public Service Tribunal upheld the dismissal. In a writ petition filed by him the High Court quashed the said order on August 10, 1984 on the ground that he had not been afforded reasonable opportunity of defence inasmuch as the recommendation of the inquiry officer relating to the quantum of punishment had not been communicated to him. Since the respondent had already retired from service during the pendency of the petition only consequential reliefs were granted. The State Government issued a notice to him on January 29, 1986 calling upon him to show cause as to why orders for forfeiture of his pension and gratuity be not issued in accordance with Article 470(b) of the Civil Service Regulations as his services have not been wholly satisfactory. It contained allegations or misconduct. The respondent there - upon filed on application in the writ petition which bad already been disposed or on August 10, 1984. The High Court held that since departmental proceedings taken against the respondent bad already been quashed, it was not open to the State Government to issue show cause notice for imposing reduction in the respondent's pension on the same set of charges. |
Judge | Honble Mr. Justice K.N. Singh |
Neutral Citation | 1987 INSC 64 |
Petitioner | State Of Uttar Pradesh |
Respondent | Brahma Datt Sharma And Anr. |
SCR | [1987] 2 S.C.R. 444 |
Judgement Date | 1987-02-25 |
Case Number | 481 |
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