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Madhya Pradesh High Court · body

2020 DIGILAW 763 (MP)

S. K. Hampi v. State of M. P.

2020-08-04

S.C.SHARMA

body2020
ORDER 1. The petitioner before this Court is a retired Government servant is being aggrieved by departmental enquiry and letter dated 8.8.2020 by which he has been directed to appear before the Enquiry Officer. 2. The petitioner's contention is that the petitioner has attained superannuation on 31.7.2013 and could not have been directed by the department to appear before the Enquiry Officer. 3. The facts on record makes it very clear that the chargesheet was issued on 10.6.2011 i.e. much prior to the date of retirement of the petitioner and the petitioner was directed to appear before the Enquiry Officer, but the petitioner has opted not to appear before the Enquiry Officer. 4. Rule 9(2) (a and b) of the M.P. Civil Services (Pension) Rules, 1976 reads as under:- “Right of Governor to withhold or withdraw pension.- (1) …....... (2) (a) The departmental proceedings [xxx], if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced, in the same manner as if the Government servant had continued in service : Provided that where the departmental proceedings are instituted by an authority subordinate to the Governor, that authority shall submit a report regarding its findings to the Governor. (b) The departmental proceedings, if not instituted while the Government servant was in service whether before his retirement or during his re-employment :- (i) shall not be instituted save with the sanction of the Governor; (ii) shall not be in respect of any event which took place more than four years before such institution; and (iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceedings : (a) in which an order of dismissal from service could be made in relation to the Government servant during his service in case it is proposed to withhold or withdraw a pension or part thereof whether permanently or for a specified period; or (b) in which an order of recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders could be made in relation to the Government servant during his service if it is proposed to order recovery from his pension of the whole or part of any pecuniary loss caused to the Government.” 5. In light of the aforesaid, as the charge-sheet was issued on 10.6.2011 i.e. much prior to the date of retirement, it can very well continue after the retirement. 6. In view of the above, this Court does not find any reason to interfere, the petition stands dismissed.