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Bhupinderpal Singh Gill v. State of Punjab

Civil Appeal · 2025 INSC 83Decided 20 Jan 2025
Civil Appeal No. 183 of 2025 (arising out of SLP(C) No. 17120 of 2022)
Justice Dipankar Datta · Justice Manmohan

Background

The appellant, a Senior Medical Officer with 34 years of government service in Punjab, was served a charge-sheet just eleven days before his retirement, alleging misconduct including unsanctioned leave and non-compliance with Election Commission directions during the pulse polio programme. After a long-delayed inquiry, the Inquiry Officer found most charges proved, and the Disciplinary Authority imposed a permanent 2% cut in his pension. The Punjab and Haryana High Court's Division Bench limited the cut to five years but otherwise left the findings undisturbed.

Decision Breakdown

The Supreme Court found that two of the charges were held "proved" only through the Inquiry Officer's own speculation about a senior doctor's moral duties, not on the actual evidence or the specific charges framed, meaning there was no legal evidence to support them. It also held the Disciplinary Authority's order defective for dismissing the appellant's detailed reply in a single sentence, violating fair procedure. The Court further noted the charges appeared to be retaliation for the appellant having earlier taken the government to court and won. It set aside the pension cut entirely, directed full pension restoration with 6% interest on amounts already deducted, and awarded Rs. 50,000 in costs against the officials responsible.

Lesson Learnt

A public servant cannot be penalised on grounds beyond the specific charges framed against them, and disciplinary orders that ignore a detailed defence without reasoned engagement will not survive judicial review. Courts will also look closely at whether disciplinary action is being used to retaliate against an employee who has previously challenged the authorities in court.

Official source (sci.gov.in)View Judgment (PDF)

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