Can’t penalise retired employee for ‘misconduct’ without proper inquiry: HC bench

JAMMU: A division bench of J&K high court has quashed a govt order that directed the recovery of honorarium from the pension of a retired police officer, stating disciplinary proceedings cannot be extended beyond retirement unless backed by due process and proof of loss.

A bench of Justice Sanjeev Kumar and Justice Sanjay Parihar made the ruling while hearing a petition from Sudershan Mehta, a retired deputy superintendent of police, who said he was being penalised for serving as joint secretary of Jammu & Kashmir Cricket Association (JKCA) while in service.

The court said a retired person cannot be subjected to departmental proceedings for misconduct committed during service unless specific charges of negligence or fraud causing loss are established in proper inquiry. It added the govt order is clearly in violation of principles of natural justice and cannot be sustained.

Senior additional advocate general Monika Kohli said Mehta had violated service conduct rules by accepting a remunerated post in JKCA between 2003 and 2016 without prior approval.

Kohli cited Article 168-A of J&K Civil Service Regulations, which allowed recovery from pension for losses caused by an employee.

An inquiry officer had concluded Mehta had received a monthly honorarium of Rs 12,000 in addition to his govt salary, following which the home department had ordered the recovery of the amount from his pension in Nov 2022.

Mehta's counsel, Parveen Kapahi, said no charge of financial loss had been framed against him, making the recovery untenable.

Dismissing the govt order, the court further said about 51 other senior officers had also held posts in sports associations without prior sanction, but no similar action was taken against them.

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