Madhya Pradesh High CourtEmployment and Labour LawAdministrative and Public Law

Non-supply of Public Service Commission advice and lack of proven grave misconduct vitiates pension withholding orders.

Shri D.K. Kamthanv.The State Of Madhya Pradesh

Non-supply of Public Service Commission advice and lack of proven grave misconduct vitiates pension withholding orders.. Shri D.K. Kamthan vs The State Of Madhya Pradesh. Madhya Pradesh High Court. LawLens
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In brief

The question

1. Whether the non-supply of the M.P. Public Service Commission's advice and relevant inquiry documents vitiated the proceedings on the grounds of natural justice

The court held

The court answered all issues in the affirmative for the petitioner, holding that the disciplinary order was vitiated by procedural unfairness and a lack of substantiation of misconduct.

It also directed

The High Court quashed the impugned order dated May 29, 2018 [para. 25(i)]. The respondents were directed to refund the withheld 10% pension with 6% interest per annum within three months, with a default interest rate of 12% if not paid within the stipulated period

01Facts

The petitioner, a retired Joint Collector, was served a charge-sheet on March 30, 2013—one day prior to his superannuation—alleging irregularities in granting government leases while serving as a Tahsildar in 2001-02

¶ 2

Following a departmental inquiry, the State Government passed an order on May 29, 2018, imposing a major penalty of withholding 10% of his pension for two years under Rule 9 of the M.P. Civil Services (Pension) Rules, 1976

¶ 2-3

The petitioner challenged this order on grounds of procedural lapses, including the non-supply of relevant documents and the Advice of the Public Service Commission (PSC), and claimed immunity under the Judges (Protection) Act, 1985

¶ 2, 6-7

02Issues

i.1. Whether the non-supply of the M.P. Public Service Commission's advice and relevant inquiry documents vitiated the proceedings on the grounds of natural justice

¶ 8, 10

ii.2. Whether a Tahsildar performing quasi-judicial functions is entitled to the protection of the Judges (Protection) Act, 1985

¶ 11

iii.3. Whether the allegations against the petitioner, involving an error of judgment without ill-motive, constitute "misconduct"

¶ 21

03Law Applied

Rule 9 of the M.P. Civil Services (Pension) Rules, 1976, which empowers the Governor to withhold pension only if a pensioner is found guilty of "grave misconduct or negligence"

¶ 5

The court relied on Union of India v. R.P. Singh, establishing that PSC advice used against a delinquent officer must be communicated in advance to satisfy natural justice

¶ 8

Sections 2 and 3 of the Judges (Protection) Act, 1985, define "Judge" broadly to include any person empowered to give a definitive judgment and provides immunity for acts done in the discharge of judicial duties

¶ 12-15

The court followed Union of India v. J. Ahmed and Inspector Prem Chand v. Govt. of NCT of Delhi, which hold that errors of judgment, negligence simpliciter, or lack of efficiency do not amount to "misconduct" unless accompanied by ill-motive

¶ 22-23

Provisions in the judgment · 2 · Linked ones open on LawLens

Judges (Protection) Act, 1985 Section 2Section 3

04Reasoning

The court found the inquiry procedurally flawed because the respondents failed to serve the PSC advice or requested documents to the petitioner, violating Rule 30 of the M.P. Civil Services (CCA) Rules, 1966, and the principles of natural justice

¶ 10

Applying the Judges (Protection) Act, the court reasoned that the petitioner, while exercising powers under the M.P. Land Revenue Code, acted as a "Judge" and was therefore immune from proceedings for bona fide judicial acts

¶ 17-20

The court further observed that the charges related to the settlement of land were at most "carelessness" or an "error of judgment"

¶ 22

Since the State failed to prove any financial loss, ill-motive, or "grave misconduct" as required by Rule 9 of the Pension Rules, the drastic measure of withholding pension—a proprietary right—was legally unsustainable

¶ 24

05Holding

The court answered all issues in the affirmative for the petitioner, holding that the disciplinary order was vitiated by procedural unfairness and a lack of substantiation of misconduct.

The High Court quashed the impugned order dated May 29, 2018 [para. 25(i)]. The respondents were directed to refund the withheld 10% pension with 6% interest per annum within three months, with a default interest rate of 12% if not paid within the stipulated period

¶ 25(ii)
Madhya Pradesh High Court

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Shri D.K. KamthanvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · June 22, 2026

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