Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services Rules, 1976A single judge bench of Justice Vivek Rusia observed, “In view of Rule 9 if any government employee has been found guilty in a judicial proceeding and any departmental proceeding of a grave misconduct or negligence, the only punishment which can be imposed by the Governor is withholding or withdrawing the pension or part thereof, permanently or for a specified period. The counsel for the petitioner contended that after retirement even if the departmental proceedings continues, under Rule 9 of the state Civil Services, Rules, the enquiry report is liable to be sent to the Governor with its finding and under Rule 9 the Governor is the competent authority to pass an order in respect of withholding or withdrawing the pension or part thereof. Civil Services, Rules, 1976 the authority who initiated the enquiry, is directed to send this enquiry report to the Governor for passing an appropriate order,” the Court said.