SC: Order of dismissal from service can’t be passed against retired officers

The Hon’ble Supreme Court, on 8th November 2019, in the matter of Hari Niwas Gupta v. State Of Bihar And Another pronounced that an order of dismissal from service by invoking powers under clause(b) of the second proviso to Article 311(2) of Constitution of India, cannot be passed against retired officers.

The Hon’ble Supreme Court observed that:

The authorities to invoke the power under clause (b) to the second proviso of Article 311(2) to dispense with a departmental inquiry must record a finding that such an inquiry cannot be conducted and record specific reasons for the same. (Para 15)

An order of dismissal from service by invoking powers under clause(b) of the second proviso to Article 311(2) cannot be passed against retired officers. At best the pensionary and retirement benefits can be forfeited and denied. (This inference has been drawn on the basis of Para 19)

Copy of judgement: Judgement_08-Nov-2019

-Adv. Tushar Kaushik

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