Bombay High Court: Issuance of show cause notice is not institution of disciplinary proceedings
Title: Narendra K. Kumbhare v. Union of India & Ors.
Decided on: 8th AUGUST, 2023.
WRIT PETITION NO. 2539 /2021
CORAM: A.S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
Facts of the Case
The petitioner has superannuated on 30.06.2021 as Deputy Manager (Scale II). On the very day a notice was issued calling upon him to show cause as to why departmental action should not be initiated against him under the United India Insurance Company (Conduct, Discipline and Appeal) Rules 2014 for not submitting the Caste Validity Certificate. The lapse/omission according to the respondents constitutes misconduct. If satisfactory explanation is not submitted before 15 days from the date of receipt of the said letter, appropriate action will be taken by the Company.
Issues
- Whether issuance of show cause notice amounts to initiation of enquiry?
- Whether withholding of pension benefits of the Petitioner was valid?
Contentions
The petitioner contends that the rules mention that disciplinary proceedings already instituted against the employee on the date of retirement will affect his retirement. The departmental proceedings are a trite law, it is not merely initiated by issuance of show cause notice. It is initiated only when charge sheet is issued. The petitioner is also entitled to other retirement benefits as mentioned in Rule 55. The Respondents without any reason have withheld Gratuity, Leave Encashment, Group Insurance and probably Regular Pension and other retiral emoluments. As per Rule 45, the pension should only be deprived in cases of departmental proceedings; in the instant case, there are no departmental proceedings, so the deprivation of pension is illegal.
The Respondents oppose the petition that, since he was appointed under ST Reservation Policy and was receiving benefits under the Reservation Policy, he should have submitted his Case Validity Certificate. The respondents had issued various Circulars asking him to produce or to apply for Caste Validity Certificates. Each time the petitioner prayed for more time and avoided submitting his documents for verification before Caste Scrutiny Committee citing one or other reasons. The petitioner has incorrectly insisted that once a verification has been performed, the respondents may not seek another verification of the caste status. The pensionary benefits of the petitioner are withheld as the show cause notice dated 30.06.2021 was issued on the date of his retirement and therefore, according to the respondents, the enquiry stands initiated. As per provisions, the respondents can withhold the gratuity during the pendency of the enquiry
Decision
The Court held that Mere issuance of such show cause notice would not amount to initiation of the departmental enquiry. There are no departmental or judicial proceedings pending against the petitioner, therefore, the question of payment of provisional pension and withholding of the benefits does not arise.
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Written by- Aparna Gupta, University Law College & Dept. of Studies in Law