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STATE OF PUNJAB AND ANR.
A
v.
SWARAN SINGH
JANUARY 24, 1997
[K. RAMASWAMY AND G.T. NANAVATI, JJ.]
B
Selivce Law :
Punjab Civil Services (Punishment and Appeal) Rules, 1970) : Rules
11, 14, lS(v)(c)-Pension-15% cut in pension as a measure of penalty-Suit C
filed by employee against the cut in pension--Decreed by Tlial Court-Con-
finned in appeal-Second appeal dismissed-On appeal by state,-Held: it
is not a case where the primary autholity imposed the penalty without
supplying copy of report and action taken thereon-The appellate auth01ity
has the power and authority to impose cut in the pension-171ough R. 11
provides for supply of enquiry the infraction therefore makes no difference in D
view of the facts of this case .
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 489 of
1997.
From the Judgment and Order dated 20.10.93 of the Punjab & E
Haryana High Court in R.S.A. No. '].076/93 .
H.S. Munjral and R.S. Suri for the Appellants.
H.M. Singh for the Respondent.
The following Order of the Court was delivered :
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the order of the single Judge
of the High Court of Punjab and Haryana, made on October 20, 1993 in
RSA No. 2076 of 1993 dismissing the appeal in limine.
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The only question is : whether the appellant is empowered to impose
15% cut in the pension of the respondent as a measure of penalty. Dis-
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539
540
SUPREME COURT REPORTS
[1997] 1 S.C.R.
A ciplinary proceedings were initiated against the respondent and pending
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proceedings, he retired from service. The disciplinary authority passed the
order before his superannuation on February 15, 1987 holding that miscon-
duct on his part was established; however, a minor penalty was imposed.
But the higher authority, on appeal, gave notice to the respondent and
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disagreed with the disciplinary authority's conclusion and imposed 15% cut
in the pension payable to the respondent by proceedings dated March 30,
1989. The respondent filed a civil suit. The t6al Court decreed that ·suit.
On appeal, it was confirmed and the seconc! appeal, as stated earlier, was
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dismissed in limine.
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It is seen that notice was issued by this Court by order dated April
19, 1996 confined to the question whether the power of the authority to
withhold whole or any part of the pension is correct or not. It is seen that
Rule 15(v)( c) of the Punjab Civil Services (Punishment and Appeal) Rules,
1970 provides that "subject to the provisions of Rule 14, a Government
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employee may prefer an appeal against all or any of the orders and while
disposing of the appeal the appellate authority has power to order (c)
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reducing or withholding the pension or denying the maximum pension
admissible to him under the rules". It is contended by the learned counsel
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for the respondent that Rule 11 casts duty to supply enquiry report along
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with the penalty which has not been supplied. Therefore, the order is
E violative of Rule 11 of the Rules. We find no force in the contention. It is
seen that the impugned order came to be passed on appeal by the appellate
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authority. We have already held that it has the power and authority to
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impose cut in the pension. It is not a case where the primary authority
ir.1posed any penalty without supplying copy of the report and action was
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taken thereon. Under these circumstances, though Rule 11 provides for the
supply of copy of the enquiry rep0rt, the infraction thereof makes no
difference in view of the facts in this case.
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The appeal is accordingly allowed. The .iudgment and decree of all
the courts stands set aside. As a result, the suit stands dismissed. No costs.
G G.N.
Appeal allowed.
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