STATE OF U.P. AND ANR versus SHRI KRISHNA PANDEY

Citation: [1996] 3 S.C.R. 183 · Decided: 01-03-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Dismissed
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Judgment (excerpt)

STATE OF U.P. AND ANR 
A 
v. 
SHRI KRISHNA PANDEY 
MARCH 1, 1'196 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
B 
Civil Services Regulations: Regulation 351-A. 
'I 
Service Law-Pension-Forfeiture order-Validity of-Direction by 
High Court for release of pension. 
C 
Departmental enquiry-Period of limitation for-Employee-£mbezzle-
menl-l'ecuniary loss to exchequer-Employees superannuated on 31st March 
1987-Departmental proceedings initiated on April 21, 1991 i.e. after four years 
of retirement-Stoppage of pension-Held institution of inquiry was not com, 
petent-Cause for institution of enquiry must not have taken place more than D 
four years before date of institution of proceedings. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4502 of 
1996. 
From the judgment and Order dated 2.12.93 of the Allahabad High E 
Court C. Misc. W.P. No. 29951 of 1993. 
Ms. Rachna Gupta and R.B.Misra for the Appellants. 
Ms. Rachna Joshi Issar for the Respondent. 
The following order of the Court was delivered : 
F 
Leave granted. 
We have heard learned counsel on both sides. This appeal by special 
leave arises from the order of the High Court of Allahabad, made on G 
December 2, 1993 in Civil Misc. Writ Petition No. 29951 of 1993. The 
admitted position is that before departmental enquiry was initiated against 
the respondent for embezzlement of Rs. 2,47,779, on his attaining the age 
of superannuation on March 31,1987, he was allowed to retire from service. 
The departmental proceedings thereafter were initiated against him. F.l.R. 
was lodged and investigation is stated to be in progress. No such rule to H 
183 
184 
SUPREME COURT REPORTS 
[1996] 3 S.C.R. 
A 
continue the proceedings after retirement as is in vogue in some State or 
Central Service Pension Rules, is in operation. So the action of departmen-
tal proceedings cannot be continued. There would be no impediment to 
have the investigation into the offences continued. However, when pension 
was not paid to him it came to be challenged in the High Court in the 
B 
c 
D 
E 
F 
G 
above writ petition which the High Court has allowed it and has directed 
to pay the pension. Thus this appeal by special leave. 
The only provision brought to our notice is Regulation 351-A of the 
Civil Services Regulations which reads as under :-
"The Governor reserves to himself the right of withholding or 
withdrawing a pension or any part of it, whether permanently or 
for a specified period and the right of ordering the recovery from 
a pension of the whole part of any pecuniary loss caused to 
Government, if the pensioner is found in departmental or judicial 
proceedings to have been guilty of grave mis-conduct, or to have 
caused pecuniary loss to Government by misconduct or negligence, 
during his service, including service rendered on re-employment 
after retirement: 
Provided that 
I 
(a) Such departmental proceedings, if not instituted while the 
officer was on duty either before retirement or during re-employ-
ment -
(i) 
shall not be instituted save with the sanction of the 
Governor. 
(ii) 
shall be in respect of an event which took place n.:it 
more than four years before the institution of such 
proceedings, and 
(iii) shall be conducted by such authority and in such place 
or places as the Governor may direct and in accordance 
with the procedure applicable to proceedings on which 
an order of dismissal from service may be made. 
(b) judicial proceedings, if not instituted while the officer was on 
duty either before retirement or during re-employment, shall have 
H 
been instituted in accordance with sub-clause (ii) of clause (a) and 
I 
r 
STATEv. KPANDEY 
185 
(c) the Public Service Commission, U.P., shall be consulted before A 
final orders are passed. 
Explanation - For the purpose of this article-
(a) departmental proceedings shall be deemed to have been in-
stituted when the charges framed against the pensioner are issued B 
to him, or if the officer has been placed under suspension from an 
earlier date, on such date; and 
(i) 
in the case of criminal proceedings, on the date on 
which a complaint is made, or a charge sheet is sub-
mitted, to criminal court; and 
(ii) 
in the case of civil proceedings, on the date on which 
the plaint is presented or, as the case may be, an 
application is made, to a civil court. 
c 
Note:- As soon as proceedings of the nature referred to in this D 
article are instituted the authority which institutes such proceed-
ings shall without delay
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