Supreme Court of India · 2008-04-02
B.S.N.L. vs RAJESH KUMAR SAXENA
- Citation / case number
- SC 2007/5479
- Court
- Supreme Court of India
- Petitioner
- B.S.N.L.
- Respondent
- RAJESH KUMAR SAXENA
- Author
- HARJIT SINGH BEDI
- Bench
- TARUN CHATTERJEE & HARJIT SINGH BEDI
Judgment text excerpt
The Supreme Court held that under the Central Civil Services (Classification, Control and Appeal) Rules 1965, the respondent is entitled to provisional pension and release of provident fund, but must await the outcome of ongoing disciplinary proceedings for other retiral benefits. The Court upheld the High Court's finding that the charge sheet served after retirement rendered the proceedings nonest, but clarified that the respondent's suspension did not equate to punishment and would 'evaporate' upon superannuation. The appeal was allowed to the extent of modifying the High Court's order regarding payment of benefits.