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

Citation: [2007] 4 S.C.R. 360 · Decided: 22-03-2007 · Supreme Court of India · Bench: G.P. MATHUR · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
STATE OF U.P. AND ORS. 
v. 
R.C. MISRA 
MARCH 22, 2007 
B 
[G.P.MATHURANDLOKESHWARSINGHPANTA,JJ.] 
Service Law-Civil Service Regulations-Regulation 35JA-
Disciplinary proceedings instituted against employee while he was in service-
C Continuance of, after retirement-Held: Did not require sanction of the . 
Governor. 
D 
Words and Phrases-'Institute'', ''Continue'', ''Proceed'' and ''Go on''-
Meaning of-In context of clause (a) of the proviso to Regulation 351A of 
the Civil Service Regulations-Explained 
Disciplinary proceedings were initiated against Responc;lent prior to his 
retirement by issuing a charge sheet. 
The question which arose for consideration in the present appeal is 
whether the disciplinary proceedings could not have continued after his 
E retirement unless specific order for its continuance had been taken from the 
Competent Authority i.e. the Governor, as provided in Regulation 351A of the 
Civil Service Regulations. 
Allowing the appeal, the Court 
p 
HELD: 1.1 The substantive part of Regulation 351A confers the power 
upon the Government 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 or part of any pecuniary loss caused 
to Government, if the pensioner is found in departmental or judicial 
proceedings to have been guilty of grave misconduct, or to have caused 
G pecuniary loss to Government by misconduct or negligence, during his service, 
including service rendered on re-employment after retirement. There is a 
proviso appended to the Regulation which circumscribes the power conferred 
by the substantive part of the Regulation. Clause (a) of the proviso uses the 
-\'"
expression if not instituted while the officer was on duty either before 
H 
360 
STATEOFU.P. v. R.C. MISRA 
361 
• 
retirement or during re-employment. Clause (a) of the proviso will, therefore, A 
get attracted only when the departmental proceedings are instituted against 
the officer after his retirement or when he is not in re-employment. If the 
departmental proceedings are instituted before an officer has attained the age 
of superannuation and before his retirement, proviso (a) can have no 
application. In order to remove any doubt regarding the date of institution of B 
enquiry or the judicial proceedings an Explanation has been appended after 
the proviso. According to Explanation (a), departmental proceedings shall be 
deemed to have been instituted (i) when the charges framed against the officer 
are issued to him, or (ii) if the officer has been placed under suspension from 
an earlier date, on such date. By incorporating the explanation, the rule 
framing authority has notionally fixed two dates as the date on which the C 
departmental proceedings shall be deemed to have been instituted against an 
officer. [Para 6) (365-H; 366-A-El 
1.2 A combined reading of the proviso and the explanation would show 
that there is no fetter or limitation of any kind for instituting departmental 
proceedings against an officer if he has not attained the age of superannuation D 
and has not retired from service. If an officer is either placed under suspension 
or charges are issued to him prior to his attaining the age of superannuation, 
the departmt;ntal proceedings so instituted can validly continue even after he 
has attained the age of superannuation and has retired and the limitations 
imposed by sub-clause (i) or sub-clause (ii) of clause (a) of proviso to E 
Regulation 351A will not apply. It is only where an officer is not placed under 
suspension or charges are not issued to him while he is in service and 
departmental proceedings are instituted against him under Regulation 351A 
after he has attained the age of superannuation and has retired from service 
and is not under re-employment that the limitations imposed by sub-clauses 
(i) and (ii) of proviso (a) shall come into play. (Para 6] (366-E-G] 
F 
1.3 The word used in proviso (a) is "institute". The dictionary meaning· 
of the word "institute" is set up; cause to come into existence; to originate 
and get established; to commence. It obviously refers to the initial action or 
the commencement of the action. It is entirely different from continuance of 
an action already initiated. If the intention of the rule making authority had G 
been that an enquiry instituted against an officer while in service should not 
· ., 
proceed after his retirem
Excerpt shown. Read the full judgment & AI analysis in Lexace.