Search Results Page
Search Results
1 - 4 of 4 (0.18 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
P. R. Nayak vs Union Of India on 7 December, 1971
"It has been settled by the Supreme Court in case of P.R. Nayak v.
Union of India, AIR 1972 Supreme Court 554 that issuance of a
charge-sheet is sine-qua-non for initiation of departmental enquiry.
Till date, no charge-sheet has been issued. There is no justification
for withholding the pension of the petitioner."
Hans Raj Chhabra vs Uttar Haryana Bijli Vitran Nigam ... on 19 September, 2018
10. Recovery of any amount from pension, gratuity, or other retiral
benefits cannot be sustained merely on the ground that some material was
entrusted to the employee during service, particularly where no formal
disciplinary proceedings were initiated, no charge-sheet was issued, and no
finding of guilt was recorded. As held by the Division Bench in Hans Raj
Sharma (supra), the issuance of a charge-sheet is the sine qua non for
initiation of a departmental enquiry. Therefore, where the employer seeks to
effect recovery or withhold pensionary benefits solely on the ground that
some material entrusted to the employee was not returned or was allegedly
misappropriated, without issuing a charge-sheet, conducting a departmental
inquiry, and proving guilt, such action is legally untenable and liable to be
set aside.
1