Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Pension - Withholding or withdrawing of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law: Pension — Withholding or withdrawing of — Allegation that appellant holding charge of post of Senior Accounts Officer authorised fraudulent claims resulting in unauthorized release of Rs.42.24 lacs — Criminal proceedings also initiated — Enquiry officer submitted his report — Meanwhile appellant retired — Punishing authority punished the appellant u/.9 of CCS (Pension) Rules, 1972 and withheld 50% of appellant's pension permanently and also withheld 50% of gratuity - As regards criminal proceedings, appellant was found not guilty — Appellant moved CAT against the order of punishing authority - CAT held that enquiry report did not record any finding of grave misconduct and therefore punishment inflicted was not sustainable — On writ petition by respondent-UOI, order of CAT set aside — Plea of appellant before this Court was that the enquiry officer ought to have recorded the finding of grave misconduct or grave negligence whereupon punishing authority could have invoked r.9 to inflict an appropriate punishment upon him — Held: In enquiry report, appellant- delinquent was discharged of charges of ill motive — Enquiry report only found him negligent — Appellant was also discharged from criminal prosecution ~ He may have been negligent in discharge of his duties but he cannot said to be guilty of grave misconduct — Punishing authority held |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 169 |
Petitioner | H. L. Gulati |
Respondent | Union Of Indiaand Others |
SCR | [2015] 5 S.C.R. 722 |
Judgement Date | 2015-02-26 |
Case Number | 8224-8225 |
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