Mukesh Kumar Gupta v. State of Haryana and Another
Case brief
What is this about?
Retrospective (ante-dated) dismissal from date of suspension; dismissal/major penalty after retirement or superannuation; master-servant relationship ceasing on retirement; Haryana Civil Services (Punishment and Appeal) Rules 2016 — Rule 7, Rule 7(A)(16) proviso (action on conviction on criminal charge), Rule 2, Rule 3(1)(d) 'government employee'; conviction under Sections 7/13 Prevention of Corruption Act 1988 (bribe of Rs 40,000/-); non-release of pension, gratuity, leave encashment, commutation of pension; Article 311(A) Constitution (pleaded by counsel); Mahanadi Coalfields Ltd v. Sri Rabindranath Chobey, Civil Appeal No.9693 of 2013 (3-Judge SC, followed); R. Jeearatnam v. State of Madras, Civil Appeal No.232 of 1965 (3-Judge SC, followed); Ram Lal Bhaskar (referred, within quoted passage); Rajinder Singh v. Board of School Education Haryana, CWP-3495-1995 (distinguished); Harish Kumar v. State of Haryana, CWP-16776-1999 (distinguished); CWP-4091-2020 (O&M); Justice Nidhi Gupta; writ petition dismissed.