STATE OF U.P. AND ORS versus R.C. MISRA

STATE OF U.P. AND ORS versus R.C. MISRA

Departmental proceedings instituted against an officer before retirement can validly continue after retirement without the requirement of Governor's sanction, as the limitation in the proviso to Regulation 351A applies only to the institution of proceedings, not to their continuance.

Parties
Appellant: State of U.P. and Ors.; Respondent: R.C. Misra
Jurisdiction
India
Judgment Date
22 March 2007
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition Challenging the Order of U.p. Public Service Tribunal
Outcome
Appeal allowed
Legal Topics
Civil Service Regulations, Disciplinary Proceedings, Pension and Gratuity, Withholding and Recovery From Pension, Post Retirement Proceedings
Service Law Civil Service Regulations Disciplinary Proceedings Pension and Gratuity Withholding and Recovery From Pension Post Retirement Proceedings

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Parties

State of U.P. and Ors.

Appellant

R.C. Misra

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition Challenging the Order of U.p. Public Service Tribunal

Legal Issues

  1. 1 Whether disciplinary proceedings initiated against an employee prior to retirement can be continued after retirement without sanction of the Governor under Regulation 351A of Civil Service Regulations

Ratio Decidendi

Departmental proceedings instituted against an officer before retirement can validly continue after retirement without the requirement of Governor's sanction, as the limitation in the proviso to Regulation 351A applies only to the institution of proceedings, not to their continuance.

Court Disposition

Appeal allowed

Orders

  • Judgment and order dated 10.4.2002 of the U.P. Public Service Tribunal, Lucknow and judgment and order dated 16.3.2004 of Allahabad High Court (Lucknow Bench) are set aside.
  • Matter remitted to the Tribunal for fresh decision of the claim petition on merits and in accordance with law.