Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972: r.41 - Compassionate allowance grant of - Determining factors - Discussed. Central Civil Services (Pension) rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Civil Services (Pension) rules, 1972: r.41 - Compassionate allowance, grant of - Determining factors - Discussed. r.41 - Compassionate allowance - Dismissal from service due to unauthorized and wilful absence from service for a period of 320 days - Claim for compassionate allowance after 5-1/2 years - Held: If infliction of punishment of dismissal is on account of an act of moral turpitude or dishonesty or an act designed for personal gains from the employer or an act harming a third party interest, it would ordinarily disentitle the employee from compassionate allowance - In the instant case, the delinquency proved against the appellant did not fall in any of the above categories - Moreover, appellant had rendered about 24 years of service, prior to his dismissal and was granted 34 good entries - Although the charge proved against the appellant pertained to his unauthorized and wilful absence from service, there was nothing to show that his absence from service was aimed at seeking better job opportunity elsewhere' - No such inference was even otherwise possible, in view of length of service rendered by him - Further, during period under consideration, his brother died, and thereafter, his father and brother's wife also passed away - His own wife suffered from cancer - All these tribulations Jed to his own ill-health - Also, appellant was involved in a criminal case, from which he was subsequently acquitted - These considerations ought to have been evaluated by the competent authority, to determine whether the claim made under Rule 41 deserved special consideration - All the authorities merely examined the legitimacy of the order of dismissal and of delay in filing the appeal against the punishment order - The manner of consideration for claim for compassionate allowance, had nothing to do with these aspects - Accordingly, competent authority is directed to reconsider the claim of the appellant, for the grant of compassionate allowance - Service law - Compassionate allowance. Service law: Act of moral turpitude - Meaning of. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 267 |
Petitioner | Mahinder Dutt Sharma |
Respondent | U.o.i. & Ors. |
SCR | [2014] 5 S.C.R. 95 |
Judgement Date | 2014-04-11 |
Case Number | 2111 |
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