Case: Dayal Saran Sanan Vs. Union of India and Others

but not such thing was done. There was never any enquiry and there was no order, passed after notice to him, visiting him with the penalty of forfeiture of past service. He submitted that there was no provision in the Civil Services Regulations which enabled the government to withhold his pension and gratuity without taking disciplinary action against him. The learned counsel for the respondents relied on Articles 189 and 420 of the Civil Services Regulations in support of the action withholding pension and gratuity to the appellant. Articles 189, 420, 458, 352 and 353 are relevant and they are as follows : "189. An officer who does not join his new appointment within his joining time is entitled to no allowances after the end of his joining time, and after a week ceases to have a lien on any appointment. But if the authority making the appointment considers that his default was due to circumstances beyond his control, it may exempt him from the loss of his appointment. 420. An interruption in the service of an officer entails forfeiture of his past service, except in the following cases : (a) Authorised leave of absence. (b) Unauthorised absence in continuation of authorised leave of absence so long as as the office of the absence is not substantively filled, the past service of the absentee is forfeited. (c) Suspension where it is immediately followed by reinstatement, whether to the same or a different office, or where the officer dies or is permitted to retire or is retired while under suspension.(d) Abolition of office or loss of appointment owing to reduction of establishment. (e) Transfer to non-qualifying service in an establishment under government control. The transfer must be made by competent authority; an officer who voluntarily resigns qualifying service cannot claim the benefit of this exception. Transfer to a grant-in-aid school entails forfeiture (but see Example (c) of Article 386). (f) Transfer to service on the household establishment of the Viceroy. (g) Time occupied in transit from one appointment to another, provided that the officer is transferred under the orders of competent authority, or if he is a non-gazetted officer, with the consent of the head of his old office. 458. A superannuation pension is granted to an officer in superior service entitled or compelled, by rule, to retire at a particular age. 352. In the following cases no claim to pension is and admitted :- (a) When an officer is appointed for a limited time only, or for a specified duty, on the completion of which he is to be discharged. (b) When a person is employed temporarily on monthly wages without specified limit of time or duty; but a months notice of discharge should be given to such a person, and his wages must be paid for any period by which such notice falls short of a month. (c) When a persons whole time not retained for the public service, but he is merely paid for work done for the State. (d) When a public servant holds some other pensionable office he earns no pension in respect of an office of the kind mentioned. (e) When an officer serves under a covenant which contains no stipulation regarding pension, unless the Government of India specially authorises an officer to count such service towards pension.353. No pension may be granted to an officer dismissed or removed for misconduct, insolvency or inefficiency; but to officers so dismissed or removed compassionate allowances may be granted when they are deserving of special consideration provided that the allowances granted to any officer shall not exceed two thirds of the pension which would have been admissible to him if he had retired on medical certificate. Provided further that no allowances shall be granted to an officer under the rule-making control of the Secretary of State for India in Council without his sanction." 3. In our view neither the loss of lien contemplated by Article 189 nor the forfeiture of past service contemplated by Article 420 has anything to do with the withholding of pension and gratuity. We do not want to express any opinion on the question whether Article 189 of the Civil Services Regulations is inconsistent with the provision of Article 311(2) of the Constitution. For the purposes of the present case it is sufficient to say that it has not relevance on the question of grant or withholding of pension. Again we think that whatever relevance forfeiture of past service under Article 420 of the Civil Services Regulations may have in connection with matters relating to advancement in service etc. It was no bearing on the question of the grant or the withholding of pension. We do not also think that an order of forfeiture of past service can be made without observing the principles of natural justice. Admittedly, disciplinary action was not taken against the appellant in connection with his absence from duty without leave. Nor was any notice given to the appellant that his past service was proposed to be forfeited under Article 420 of the Civil Services Regulations, and the explanation sought. We may mention here that there was no reference the Article 420 either in the letters dated January 29, 1966, May 30, 1966, and November 22, 1966 or in written statement filed in the High Court. Reliance was placed in these documents entirely upon Article 189 and as we have said it has no bearing on the question of grant or withholding of pension. We consider that the respondents were not entitled to withhold the pension of the appellant unless the facts fell within the provisions of Article 352 and 353 of the Civil Services Regulations. It was not suggested by the learned counsel for the respondents that the case fell within either of these articles. The appellant was holding the post of Superintendent substantively and Article 352 had not application whatsoever nor was the appellant dismissed or removed for misconduct, insolvency or inefficiency so as to attract Article 353.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]3. In our view neither the loss of lien contemplated by Article 189 nor the forfeiture of past service contemplated by Article 420 has anything to do with the withholding of pension and gratuity. We do not want to express any opinion on the question whether Article 189 of the Civil Services Regulations is inconsistent with the provision of Article 311(2) of the Constitution. For the purposes of the present case it is sufficient to say that it has not relevance on the question of grant or withholding of pension. Again we think that whatever relevance forfeiture of past service under Article 420 of the Civil Services Regulations may have in connection with matters relating to advancement in service etc. It was no bearing on the question of the grant or the withholding of pension. We do not also think that an order of forfeiture of past service can be made without observing the principles of natural justice. Admittedly, disciplinary action was not taken against the appellant in connection with his absence from duty without leave. Nor was any notice given to the appellant that his past service was proposed to be forfeited under Article 420 of the Civil Services Regulations, and the explanation sought. We may mention here that there was no reference the Article 420 either in the letters dated January 29, 1966, May 30, 1966, and November 22, 1966 or in written statement filed in the High Court. Reliance was placed in these documents entirely upon Article 189 and as we have said it has no bearing on the question of grant or withholding of pension. We consider that the respondents were not entitled to withhold the pension of the appellant unless the facts fell within the provisions of Article 352 and 353 of the Civil Services Regulations. It was not suggested by the learned counsel for the respondents that the case fell within either of these articles. The appellant was holding the post of Superintendent substantively and Article 352 had not application whatsoever nor was the appellant dismissed or removed for misconduct, insolvency or inefficiency so as to attract Article 353.