Supreme Court · 2014 INSC 1007 · Decided 16 September 2014

Government of NCT (Delhi) and Another v. K. Srivatsan

Court
Supreme Court of India
Citation
2014 INSC 1007 · [2014] 7 S.C.R. 834
Case number
CIVIL APPEAL No. 8854/2014
Decided
16 September 2014
Bench
J.S. KHEHAR, ARUN MISHRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Service Rules

Headnote

Central Civil Services (Pension) Rules, 1972: rr. 9(2)(b)(ii), 9(6)(a) - Withholding of gratuity pending C departmental proceedings - Held: r.9(2)(b)(ii) mandates that no departmental proceedings can be initiated after the retirement of an employee, unless a charge sheet has been issued within event of delinquency - r. 9(6)(a), by a deeming fiction of law mandates that departmental D proceedings will be deemed to have been initiated against an employee who has been placed under suspension - In the instant case, respondent was placed under suspension, for the first time, on 3. 12. 2007 -

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