LAWS(SC)-2017-11-129

DR. NAZRUL ISLAM Vs. UNION OF INDIA

Decided On November 28, 2017
Dr. Nazrul Islam Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) SLP (C) NO. 7740 OF 2017

(2.) The appellant is before this Court challenging the Judgment dated 08.12015 passed by the High Court of Calcutta in WP CT No. 140 of 2015. The main contention of the appellant is that the disciplinary proceedings initiated against him cannot be continued once he has retired from service.

(3.) The learned senior counsel appearing for the Union of India and the State of West Bengal have invited our attention to Rule 6(1) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 and submit that the departmental proceedings can be continued for the purpose of withholding the pension or gratuity, or both, either in full or in part, whether permanently or for a specified period and even for recovery from pension or gratuity of the whole or in part if any pecuniary loss has been caused to the Central or State Government.