Supreme Court of India

D.V. Kapoor v. Union of India and Ors.

Neutral citation

Reported as [1990] 3 S.C.R. 697

Bench L.M. Sharma J.

Decided 7 August 1990

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the proceedings are valid in law and they are not abated consequent to voluntary retirement of the appellant and the order was passed by the competent authority, i.e:'tfie President of India. -.

Judgment, page 5

From the headnote

Central Civil Services (Pension) Rules, 1972: Rules 8(5) Explanation (b) and 9-Pension and gratuity-Withholding of-For absence from duty-Whether valid and legal-'Grave misconduct' Interpretation of-Disciplinary proceedings initiated while in service Continued and concluded on voluntary retirement-Whether valid and legal. Central Civil Services (Conduct) Rules 1964: Rules 3( 1)(1) and 3(1)(iii)-Absence from duty-Whether 'grave misconduct'-With holding of pension-Whether permissible. Words & Phrases: 'Grave misconduct'-Meaning of-Rule 8(5), Explanation (b) Central Civil Services (Pension)

Where later benches applied it

2020 Nisha Priya Bhatia v. Union of India & Anr. relied on
2023 Kaushal Kishor v. State of Uttar Pradesh & Ors. referred to
2020 Amish Devgan v. Union of India and Others referred to
2020 Chairman-cum-managing Director, Mahanadi Coalfields Limited v. Sri Rabindranath Choubey referred to
2016 Brajendra Singh Yambem v. Union of India and Anr. referred to

Of those, 1 relied on · 4 referred to

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