Jammu & Kashmir High Court Quashes Pension Recovery Order Against Retired Police Officer
Court rules recovery of remuneration from retired officer's pension violates principles of natural justice; absence of proven government loss cited.
In a landmark judgment, the Jammu and Kashmir High Court has quashed the government order directing the recovery of remuneration from the pension of retired Deputy Superintendent of Police, Sudershan Mehta. The court ruled that the recovery, based on the honorarium received by Mehta from the Jammu & Kashmir Cricket Association (JKCA) during his active service, was in violation of the principles of natural justice.
The judgment, delivered by Justices Sanjeev Kumar and Sanjay Parihar, highlighted that the recovery could only be justified if a loss to the government was established through proper judicial or departmental proceedings. The court found that the charges against Mehta did not include any allegations of loss to the government, thus denying him the opportunity to defend himself adequately.
The case stemmed from Mehta's simultaneous roles as a police officer and Joint Secretary of JKCA, for which he received a monthly honorarium of Rs. 12,000 without prior government permission. Despite the lack of permission being a breach of the Jammu & Kashmir Government Employees (Conduct) Rules, 1971, the court observed that the disciplinary proceedings initiated post-retirement were inappropriate under the circumstances.
The court acknowledged the widespread practice among government officials of holding positions in sports associations without permission, noting the selective action against Mehta as inequitable. The judgment emphasized that for recovery from a pension under Article 168-A of the Jammu & Kashmir Civil Service Regulations, 1956, a loss to the government must be established and procedurally validated.
This ruling underscores the judiciary’s commitment to upholding natural justice, particularly in cases involving retired personnel, where procedural fairness and transparency are paramount.
Bottom Line:
Recovery of remuneration received by a retired government employee from an external assignment during service cannot be imposed without establishing loss to the government through proper judicial or departmental proceedings.
Statutory provision(s): Jammu & Kashmir Civil Service Regulations, 1956 Article 168-A, Rule 21(2) of the Jammu & Kashmir Government Employees (Conduct) Rules, 1971, Rule 33 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
