Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1988

Supreme Court of India · 1988-11-22

STATE OF PUNJAB & ORS. vs KAILASH NATH ETC.

Citation / case number
SC 1988/70756
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB & ORS.
Respondent
KAILASH NATH ETC.
Author
N.D. OJHA
Bench
N.D. OJHA

Judgment text excerpt

The Supreme Court held that Rule 2.2(b) of the Punjab Civil Service Rules does not grant immunity from prosecution for offenses committed by a government servant after retirement if the cause of action arose more than four years prior to the institution of proceedings. The Court clarified that 'conditions of service' encompass all aspects of employment, including post-retirement matters like pension, but not prosecution for misconduct. The Court dismissed the appeal against Kailash Nath and allowed it against Mangal Singh Minhas, emphasizing that public policy does not support immunity for grave misconduct.

STATE OF PUNJAB & ORS. vs KAILASH NATH ETC. · Niyam