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august 1990

Supreme Court of India · 1990-08-07

D.V. KAPOOR vs UNION OF INDIA AND ORS.

Citation / case number
SC 1985/67040
Court
Supreme Court of India
Petitioner
D.V. KAPOOR
Respondent
UNION OF INDIA AND ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that disciplinary proceedings initiated against a government servant for absence from duty can continue even after voluntary retirement, as per Rule 9(2) of the Central Civil Services (Pension) Rules, 1972. The Court clarified that the jurisdiction to impose penalties for grave misconduct is not lost upon retirement, and the withholding of pension and gratuity is permissible if misconduct is established. The appeal was allowed, affirming the validity of the proceedings and the order passed by the President of India.

D.V. KAPOOR vs UNION OF INDIA AND ORS. · Niyam