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Supreme Court of India · 20/01/2025

BHUPINDERPAL SINGH GILL versus STATE OF PUNJAB AND OTHERS

[2025] 1 S.C.R. 804 · 2025 INSC 83

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Summary

The Supreme Court set aside a 2% pension cut imposed on a Senior Medical Officer who was charge-sheeted eleven days before his retirement for going on leave without sanction during the election period. The findings of guilt rested on no legal evidence and on a duty that was never charged, and the penalty order rejected his reply in one sentence. The Court found that the proceedings were a retaliatory ruse for his litigation against senior officials, restored his full pension with interest and awarded costs.

Issues

  1. Whether the High Court and the Supreme Court could look beyond the limited notice issued when the intra-court appeal was admitted.
  2. Whether the findings that the appellant went on unsanctioned leave, disobeyed superiors and Election Commission directions, and skipped the pulse polio programme were supported by legal evidence.
  3. Whether the penalty order met the requirements of procedural fairness.
  4. Whether the Division Bench, having found the appellant wronged, should have interfered with the findings rather than only shortening the penalty.

Provisions considered

Held

Result

Appeal allowed; orders of the Division Bench, the Single Judge and the Disciplinary Authority set aside; full pension restored and deducted amounts to be refunded within three months with 6% interest; costs of Rs. 50,000 to the appellant, recoverable by the State from the officials responsible, with liberty to the respondents to seek recall of the costs order within that period.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 804.