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april 2008

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.

B.S.N.L. vs RAJESH KUMAR SAXENA · Niyam