ValkyaEditorial

Tagged “post-retirement-disciplinary”

1 article on post-retirement-disciplinary.

Landmark JudgmentSupreme Court of India

Bikram Chand Rana v. HRTC: Rule 69(1)(c) and the statutory embargo on gratuity through parallel proceedings

The Supreme Court's April 2026 ruling on the conjunctive 'or' in *Rule 69(1)(c)* of the CCS (Pension) Rules 1972. A 2-judge bench held that the embargo on the release of gratuity operates for the entire duration during which either departmental or judicial proceedings remain pending against a retired employee — and the embargo persists until both sets of proceedings conclude. Exoneration in the departmental proceeding does not lift the bar where a criminal trial on the same allegations remains pending. The doctrinal line draws a sharp separation from *Jaswant Singh Gill v. Bharat Coking Coal* (2007) on the *Payment of Gratuity Act 1972* and is to be read alongside *Kadir Khan Ahmed Khan Pathan v. MSWC* (2026 INSC 16) as a 2026 SC pair on the post-retirement disciplinary architecture.

Valkya Editorial··12 min