June 17, 2019
Case name: Mrs. Padmini Nandakumar Nair v. The High Court of Bombay and ors.
The short question of service law which arises in the case is whether after retirement of a Government servant no disciplinary proceedings can be instituted/continued against him or her.
The High Court of Bombay while deciding the issue made reference to the Pension Rules, 1982 and relevant precedents to hold that disciplinary proceedings against a Government servant can be continued even after retirement.
Other observations made by the High Court in the case are as under:
- That Clause (a) of Subrule (2) of Pension Rules in express terms provides that the departmental proceedings referred to in subRule (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 proceedings under this rule and shall be continued by the authority in the same manner as if the Government servant had continued in service.
- That the initiation or continuation of the disciplinary proceedings, against a retired employee is, however, subject to certain safeguards to protect the interest of the employee.
- That the Rules stipulates conditions for continuation of the disciplinary proceedings if not instituted while the Government servant was in service.
- The High Court also noted that on reading the provisions in Rule 27 of the Pension Rules, 1982, it becomes evident that the rules do envisage initiation of the disciplinary action even after retirement of a Government servant, on superannuation or otherwise, in addition to the continuation of the disciplinary proceedings, which was instituted before the retirement of the Government servant. Hence, the Petitioner’s submission that after retirement of a Government servant no disciplinary proceedings can be instituted/ continued cannot be countenanced.
The entire case can be accessed here.