B S N L Vs. RAJESH KUMAR SAXENA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by way of special leave is based on the following facts.

(3.) The respondent Rajesh Kumar Saxena was placed under suspension vide order dated 26th June, 2004 under sub-rule(1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules 1965 on the allegation that while working as an Officiating Chief Accounts Officer in Moradabad in the year 2003, he had failed to maintain absolute integrity and shown lack of devotion to duty. The appellant however attained the age of superannuation during his suspension and was retired provisionally on 31st July, 2004 as per order Annexure P-2, with the stipulation that as per the Central Civil Services Rules (Pension Rules) 1972 the payments due to him would be made on finalization of the disciplinary proceedings. The order dated 26th June, 2004 was challenged before the Allahabad High Court by way of a Writ Petition. The Division Bench of the High Court in its order dated 23rd November, 2006 held that as the charge sheet had been served on the appellant more than one year after his retirement, the proceedings against him were nonest and that as suspension itself was not a punishment and that in any case, it would 'evaporate' on his superannuation, there was no justification in withholding the retirement benefits such as pension, provident fund, leave salary, group insurance, CDS amount etc. and a direction was issued to make all payments within a period of two months from the date of communication of the order. It is in this circumstance, the present appeal is before us by way of special leave at the instance of the department.