Standly Goodwin Singh Vs State of Chhattisgarh

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2025:CGHC:58825

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3444 of 2020

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1 - Standly Goodwin Singh S/o J.M. Singh Aged About 63 Years R/o - E/56, River View Colony, Koni, Ward No. 8, Koni, District - Bilaspur Chhattisgarh.,

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Technical Education Man Power Planning, Science And Technology Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur Chhattisgarh.,

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2 - Director-Cum-Commissioner Employment And Training, Directorate, Raipur, Civil And Revenue District Raipur Chhattisgarh.

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3 - Joint Director Training Industrial Training Centre, Regional Office Ambikapur, Surguja, Ceo Bhavan, Gandhi Chowk, Ambikapur, District Surguja Chhattisgarh.,

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4 - Principal Industrial Training Centre Chendra, District Surajpur Chhattisgarh.,

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5 - Withdrawal And Disbursement Officer / Nodal Officer / Treasury Officer Industrial Training Centre, Surajpur, District Surajpur, Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Shri Arpan Verma with Miss Shrishti Singh, Advocates. For Respondent(s) : Shri Ritesh Giri, Panel Lawyer.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2025.12.04 17:00:13 +0530

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04/12/2025 :

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The petitioner has filed the present Writ Petition under Article 226 of the

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Constitution of India and prayed for the following reliefs:-

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“1] That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing the impugned orders 03.12.2019 ( ANNEXURE P/2 ) AND 4.11.2019 ( ANNEXURE P/1 ) and the respondents may kindly be directed to release/disburse the entire amount of retiral benefits like Leave encashment, benefits of 7^th pay commission, the increments towards time bound promotion and T.A. bills within a stipulated period of 2 months along with the applicable interest on the said amount.

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2] That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Case of the petitioner is that the petitioner retired from the post of Training Superintendent on 30^th April, 2019. After his retirement, his retiral dues have been withheld without any authority and without following the procedure. After retirement, a show cause notice dated 4.11.2019 was served on the petitioner stating that without there being any proper approval/order, the petitioner has permitted one Navin Gupta to join the post of Training Officer (Contractual) and also paid honorarium for 13 months. The impugned order has been passed without holding any departmental enquiry. Hence this petition.

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Learned State Counsel would submit that during the pendency of the writ petition, a departmental enquiry has been initiated and charge sheet was issued to the petitioner on 22^nd September, 2021 stating that without any approval for renewal of service of one Navin Gupta, the petitioner has

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allowed him to work as Training Officer (Contractual) and also paid honorarium after 1.8.2018.

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When a query is put to learned State Counsel, he fairly admits that as the petitioner is a retired employee, before initiation of departmental enquiry, no prior sanction of the Hon’ble Governor in terms of Rule 9 (2) (b) (i) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short ‘the Rules, 1976’) has been obtained, which is mandatory. He also admits that such sanction is mandatory in respect of a retired employee.

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I have heard learned counsel for the parties at length and perused the documents annexed with the writ petition carefully.

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From the record, it is not explicit as to whether any sanction of the Hon’ble Governor has been obtained for institution of departmental enquiry in terms of Rule 9 (2) (b) (i) of the Rules, 1976. For the sake of brevity, the said Rule is reproduced hereunder:-

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“9. Right of governor to withhold or withdraw pension. -(1) The Governor reserves to himself the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period. and of ordering recovery from pension of the whole or part of any pecuniary loss caused to the Government if, in any departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re- employment after retirement:

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Provided that the State Public Service Commission shall be consulted before any final orders are passed:

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Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below "[the minimum pension as determined by the Government from time to time]:

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(2) (a) The departmental proceedings [x x x], if instituted while the Government servant was in service whether before his retirement or during his re-

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employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced, in the same manner as if the Government servant had continued in service:

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Provided that where the departmental proceedings are instituted by an authority subordinate to the Governor, that authority shall submit a report regarding its findings to the Governor.

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(b) The departmental proceedings, if not instituted while the Government servant was in service whether before his retirement or during his re-employment:-

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(i) shall not be instituted save with the sanction of the Governor;

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(ii) shall not be in respect of any event which took place more than four years before such institution; and

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[(iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceedings:-

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(a) in which an order of dismissal from service could be made in relation to the Government servant during his service in case it is proposed to withhold or withdraw a pension or part thereof whether permanently or for a specified period: or

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(b) in which an order of recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders could be made in relation to the Government servant during his service if it is proposed to order recovery from his pension of the whole or part of any pecuniary loss caused to the Government).

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(3) No judicial proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or in respect of an event which took place, more than four years before such institution.

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(4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension and

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death-cum-retirement gratuity as provided in "[rule 64], as the case may be, shall be sanctioned:

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Provided that where pension has already been finally sanctioned to a Government servant prior to institution of departmental proceedings, the Governor may, by order in writing, withhold, with effect from the date of institution of such departmental proceedings fifty per cent of the pension so sanctioned subject however that the pension payable after such withholding is not reduced to less than (the minimum pension as determined by the Government from time to time]:

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Provided further that where departmental proceedings have been instituted prior to the 25^th October, 1978, the first proviso shall have effect as it for the words "with effect from the date of institution of such proceedings" the words "with effect from a date not later than thirty days from the date aforementioned," had been substituted:

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Provided also that-

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(a) If the departmental proceedings are not completed within a period of one year from the date of institution thereof, fifty per cent of the pension withheld shall stand restored on the expiration of the aforesaid period of one year;

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(b) If the departmental proceedings are not completed within a period of two years from the date of institution the entire amount of pension so withheld shall stand restored on the expiration of the aforesaid period of two years; and

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(c) If in the departmental proceedings final order is passed to withhold or withdraw the pension or any recovery is ordered, the order shall be deemed to take effect from the date of the institution of departmental proceedings and the amount of pension since withheld shall be adjusted in terms of the final order subject to the limit specified in sub-rule (5) of rule 43].

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(5) Where the Government decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.

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(6) For the purpose of this rule-

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(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and

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(b) Judicial proceedings shall be deemed to be instituted-

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(i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and

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(ii) In the case of civil proceedings, on the date the plaint is presented in the court.”

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Considering the entire fact situation of the case, it is held that before institution of the departmental enquiry proper sanction of the Hon’ble Governor has not been obtained and on such score, initiation of enquiry is bad in law and no amount of retiral dues can be withheld. Therefore, it is directed that the entire retiral dues shall be cleared within a period of 60 days from the date of receipt of a copy of this order. However, it is made clear that in case the sanction has been duly obtained, the respondent authorities shall proceed in accordance with law and applicable Rules.

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Accordingly, the impugned orders are quashed and the Writ Petition is disposed of.

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Consequently, all the pending application(s) also stands disposed of.

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Sd/(Deepak Kumar Tiwari) Judge

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Barve

Standly Goodwin Singh v. State of Chhattisgarh

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Standly Goodwin Singh v. State of Chhattisgarh

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