K B DESAI Vs. STATE OF GUJARAT
LAWS(GJH)-1983-9-24
HIGH COURT OF GUJARAT
Decided on September 07,1983

K B Desai Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

S.A.SHAH - (1.) The petitioner joined the State Government as a clerk in the Revenue Department and reached the post of Mamlatdar in the year 1965. The petitioner had put in 34 years service and was duly retired on 6/02/1972 on attaining superannuation. There is no dispute regarding the retirement of the petitioner on 6/02/1972
(2.) On 12/09/1972 the petitioner was served with chargesheet for alleged delinquences committed by him in the year 1968 when he was godown manager at Navsari. Various charges had been levelled against him among which it waS pointed out that he had occasioned loss of Rs. 777.74 to the Government.
(3.) The petitioner denied the charges and contended that since he has retired in February 1972 the Collector was not competent to initiate departmental proceedings against him. The only question which arises for my consideration is as to whether the State Government or the Collector who is the competent authority has any power to initiate departmental proceedings against the petitioner after his retirement. There is no doubt that the charge sheet was served for the first time on 12/09/1973 Mr. S. M. Mazgaonkar appearing For Mr. S. N. Shelat learned advocate appearing on behalf of the petitioner relied upon rule 189-A of the Bombay Civil Services Rules (hereinafter referred to as `BCSR) which being relevant is reproduced as under: 189 The Governor reserves 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 or part of any pecuniary loss caused to Government if in a departmental of judicial proceeding the pensioner is found guilty of grave misconduct or negligence during the period of his service including services rendered upon re-employment after retirement: Provided that . (a) such departmental proceeding if instituted while the Government Servant was in service whether before his retirement or during his re-employment shall after the final retirement of the Government servant be deemed to be a proceeding under this rule and shall be continued and concluded by the authority by which it was commenced in the same manner as if the Government servant had continued in service; (b) such departmental proceeding if not instituted while the Government servant was in service whether before his retirement or during his re-employment (i) shall not be instituted save with the sanction of the Governor; (ii) shall not be in respect of any event which took place more than 4 years before such institution; and (iii) shall be conducted by such authority and in such place as the Governor may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relations to the Government servant during his service; (c) no such judicial proceeding if not instituted while the Government servant was in service whether before his retirement or during his re-employment shall be instituted in respect of a cause of action which arose or an event which took place more than 4 years before such institution; and (d) the Gujarat Public Service Commission shall be consulted before final orders are passed. Explanation the purpose of this rule (a) a departmental proceeding shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner or if the Government servant has been placed under suspension from an earlier date on such date; and (b) a judicial proceeding shall be deemed to be instituted- tie in the case of criminal proceeding on the date on which the complaint or report of the police officer on which the Magistrate takes cognizance is made and (ii) in the case of a civil proceeding on the date of presentation of the plaint in the court.;


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