File photo: The Supreme Court of India
Departmental proceedings against a government employee for grave misconduct and negligence do not come to an end with his retirement and can continue even after that, the Supreme Court has held.
A bench headed by Justice J S Khehar said if misconduct or negligence entails pecuniary loss to the Government, then the loss caused can also be ordered to be recovered from the concerned employee.
It set aside the order of the Calcutta High Court -- holding that proceedings can continue after superannuation only in cases in which pecuniary loss is caused to government exchequer.
"It is therefore apparent, that it is not only for pecuniary loss caused to the Government that proceedings can continue after the date of superannuation. An employee can be proceeded against, after the date of his retirement, on account of grave misconduct or negligence," it said.
"Obviously, if such grave misconduct or negligence, entails pecuniary loss to the Government, the loss can also be ordered to be recovered from the concerned employee," it said, adding the High Court was right in interpreting West Bengal Services Rules.
The court passed the order on an appeal filed by West Bengal government challenging a High Court verdict.