Civil Services | Disciplinary Proceedings Can't Continue After Retirement Without Governor Sanction Under Regulation 351-A: Allahabad High Court
The Allahabad High Court has held that a disciplinary proceeding initiated against a government servant before his retirement cannot continue after he retires, and no punishment can be imposed on its basis, without the sanction of the Governor under Regulation 351-A of the Civil Services Regulations.Regulation 351-A reserves to the Governor the right to withhold or withdraw a pension and to...
The Allahabad High Court has held that a disciplinary proceeding initiated against a government servant before his retirement cannot continue after he retires, and no punishment can be imposed on its basis, without the sanction of the Governor under Regulation 351-A of the Civil Services Regulations.
Regulation 351-A reserves to the Governor the right to withhold or withdraw a pension and to order recovery from a pension of any pecuniary loss caused to the Government by a pensioner's misconduct or negligence during service. Departmental proceedings not instituted while the officer was on duty require the Governor's sanction.
Relying on the decisions of the Supreme Court in State of U.P. vs. Shri Krishna Pandey and Bhagirathi Jena vs. Board of Directors, and on the Division Bench decision in Harihar Bhole Nath Misra vs. State Public Services Tribunal, Justice Anish Kumar Gupta held,
“From the aforesaid judgments, it is apparent that in terms of Regulation 351-A, after the retirement of a government servant, the disciplinary proceedings, which were initiated prior to his retirement cannot continue automatically and no punishment pursuant to the aforesaid disciplinary proceeding can be passed.”
“Thus, practically after four years of retirement of a person, no disciplinary proceedings can be initiated even in terms of Regulation 351-A. Even for continuation of the already initiated proceedings the sanction of Governor is required.”
Petitioner, a Senior Clerk in the office of the District Welfare Officer, Ballia, faced a disciplinary proceeding initiated on 11.08.2005. The documents he sought were not supplied and an ex-parte enquiry report was submitted on 30.10.2006. He superannuated on 31.03.2008 before any decision was taken, and his retiral dues were withheld because the proceeding had not concluded.
An order treating him as removed from service with retrospective effect was cancelled in appeal, with a direction to proceed under Regulation 351-A. The Director, Social Welfare then permanently stopped 50% of his pension by order dated 27.12.2011. The State Public Services Tribunal quashed that order, and the State's writ petition against it was dismissed by the Lucknow Bench of the High Court on 15.01.2014 for want of sanction. The Director thereupon terminated the disciplinary proceeding on 13.02.2014.
Despite this, the impugned order dated 15.01.2015 was passed on the basis of the same disciplinary proceeding, permanently withholding 2/3rd of the petitioner's pension and directing recovery of Rs. 36,98,603/-.
Counsel for the State could not point to any sanction granted after the petitioner's retirement, either from the impugned order or from the counter affidavit.
Holding that the Director had acted while fully aware that no sanction had been obtained, the Court observed,
“he has proceeded to pass the impugned orders, which itself reflects the biased and deliberate approach of the Director against the petitioner to continue his harassment and denial the release of the lawful dues to which the petitioner was entitled for after attaining the age of superannuation on 31.03.2008.”
Allowing the petition, the Court quashed the order dated 15.01.2015 and directed the respondents to pay all retiral dues available to the petitioner with interest at 8% per annum within eight weeks from production of a certified copy of the order before respondent no. 3, failing which they would be liable to pay interest at 12% per annum.
Case Title: Ganesh Prasad vs. State Of U.P. And 2 Ors. 2026 LiveLaw (AB) 682
Citation: 2026 LiveLaw (AB) 682