Union of India v. Chandra Pal Singh

1. This review petition seeks review of judgment dated 19 November 2024 passed by this Court in WP (C) 15998/2024, whereby this Court had held that, as a disciplinary proceeding was pending against the respondent on the date of his superannuation, he was entitled to only provisional pension in view of Rule 8(3) of the Central Civil Services (Pension) Rules, 2021.

2. Mr. Harsh Panwar, learned Counsel for the Review Petitioner, submits that the order was passed on an incorrect concession made by the predecessor counsel of the respondent/Review Petitioner to the effect that Rule 8(3) applies. In his submission, Rule 8(3) does not apply.

3. While, stricto sensu, this may not be a ground for entertaining the review petition, we have, nonetheless, in order to ensure substantive justice, heard Mr. Harsh Panwar on the issue.

4. To a query from the Court, Mr. Harsh Panwar acknowledges that, prior to retirement of his client, a chargesheet had been issued to him and that no order had been passed by the disciplinary authority on the said chargesheet till the date of his retirement. Mr. Panwar further submits that prior to retirement of his client, an inquiry report had been issued by the Inquiry Officer holding the charges against him not to be proved. He, however, acknowledges that the DA had issued a disagreement note to his client, disagreeing with the findings of the IO and that the proceedings were pending at that stage on the date of his retirement.

5. Mr. Panwar has also drawn our attention to a Vigilance Clearance Certificate dated 27 April 2023, issued by the Senior Accounts Officer in the Department of Revenue, Central Board of Direct Taxes, which reads as under: “OFFICE OF THE PRINCIPAL CHIEF CONTROLLER OF ACCOUNTS CENTRAL BOARD QF DIRECT TAXES MINISTRY OF FINANCE, DEPARTMENT OF REVENUE 9TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 110003 Ph 011-24642332 E-mail:- pccacbdt_cdn@yahoo.com No. PCCA/CBDT/HQ/LCS/VCC/RET/2021-22/48 Dated: 27.04.2023 “Sub: Vigilance Clearance Certificate in r/o Sh. Chandra pal Singh AAO (adhoc) On the basis of vigilance status received from the concerned ZAO and as per records available in this office, it is certified that neither any vigilance case is pending nor being contemplated against Sh. Chandra pal- Singh AAO, (ad-hoc) ZAO, CBDT, Meerut in connection with his retirement w.e.f. 30-04- 2023. This issue with approval of Chief Controller of Accounts, CBDT, New Delhi. Enclos:- 14 Proforma 27/04/2023 (Ashok Kumar) Sr. Accounts Officer (LCS) Sr. AO Estt-1 Section PCCA, CBDT, New Delhi”

6. On the basis of the above certificate, the respondent was promoted. Thereby, according to Mr Panwar, the disciplinary proceedings ipso facto came to an end.

7. We are unaware of any such principle of termination of disciplinary proceedings. No doubt, in a case where disciplinary proceedings are pending against a party, the normally followed procedure is that the recommendations of a DPC would be placed in a sealed cover. For some unknown reason, this was not done in the respondent’s case.

8. Nonetheless, as no order had been passed by the Disciplinary Authority, pursuant to the disagreement note issued by him to the respondent, prior to his superannuation, we find no error in our decision dated 19 November 2024 that in terms of Rule 8(3) of the CCS (Pension) Rules 2021, that the respondent would be entitled only to provisional pension.

9. We, therefore, reiterate that, the respondent could be entitled only to provisional pension as on the date of his retirement disciplinary proceedings were pending.

10. No ground exists for review of the judgment dated 19 November 2024.

11. The review petition is accordingly dismissed.

C. HARI SHANKAR, J.