Sawailal Jalon Vs. State of MP & Another.

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 3179 of 2009, Judgment Date: Feb 20, 2018

Law laid down -

Merely continuation of a departmental enquiry instituted against delinquent Government employee, who was in service, will not automatically terminate on completion of two years' period from the date of superannuation. In fact, if the departmental enquiry is not completed within two years of date of superannuation, then such an employee will become entitled for release of cent percent pensionery dues, but they will be subject to final outcome of the departmental enquiry and the intent of the Legislature is not to close the departmental enquiry with efflux of time, but not to harass an employee if the departmental enquiry is prolonged beyond a period of two years from the date of his superannuation. Governor can always withdraw, withhold or recover any portion of the pension subject to the condition that the remainder pension should not be less than the minimum pension prescribed under the Rules and if withdrawal or withholding or recovery amounts to rejection of pension to less than minimum, then in terms of the provisions contained in sub-rule (5) of Rule 43, the Government shall make good that portion of pension by sanctioning additional pension.

Sawailal Jalon Vs. State of MP & Another.