SOMSHEKAR KASHINATH BABALADI v. UNION OF INDIA THROUGH SECRETARY AND ANR
High Court of Bombay, Bombay (Civil)
2025:BHC-AS:45727-DB
Clarifies the limitation period for initiating disciplinary proceedings against retired government servants, ensuring fairness and timely closure.
List of Laws: Central Civil Services (Pension) Rules, 1972
Legal Discussion:
- Central Civil Services (Pension) Rules, 1972: The judgment extensively discusses Rule 9 of the CCS (Pension) Rules, 1972, specifically Rule 9(2)(b)(ii). This rule stipulates that departmental proceedings cannot be initiated against a government servant regarding events that occurred more than four years before the institution of such proceedings, if not instituted while the government servant was in service. The court interprets this rule as a "protective barrier" against belated disciplinary actions, reinforcing the principle of fairness and the legitimate expectation of finality in service records. The significance of this interpretation lies in setting a clear limitation period for initiating disciplinary proceedings against retired government servants, preventing undue harassment and ensuring timely closure. This aligns with the precedent emphasizing the importance of prompt action in disciplinary matters. The practical implication is that government departments must act swiftly in initiating disciplinary proceedings, or risk losing the ability to take action against retired employees for past events. The key takeaway is the strict enforcement of the four-year limitation period, safeguarding the rights of pensioners. The court also notes the Inquiry Officer observed the inquiry was in contravention of Rule 9.