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GEOLOGICAL SURVEY OF INDIA v. SAKUNTHALA

Supreme Court of India | Diary 10005/2020

Status

ROP - of Main Case

Decided On

Bench

HON'BLE MR. JUSTICE D.Y. CHANDRACHUD, HON'BLE MS. JUSTICE INDU MALHOTRA and HON'BLE MR. JUSTICE K.M. JOSEPH

Petitioner

GEOLOGICAL SURVEY OF INDIA

Respondent

SAKUNTHALA

Primary Holding

A direction to recover interest liability from officers responsible for delay in pension disbursal cannot be sustained as a punitive measure through writ proceedings without proper adjudication of individual culpability.

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Full Judgment Text

1 ITEM NO.8 Court 4 (Video Conferencing) SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10005/2020 (Arising out of impugned final judgment and order dated 03-10-2019 in WA No. 1143/2017 passed by the High Court of Kerala at Ernakulam) GEOLOGICAL SURVEY OF INDIA & ORS. Petitioner(s) VERSUS SAKUNTHALA Respondent(s) (WITH I.R. and IA No.67871/2020-CONDONATION OF DELAY IN FILING) Date : 01-09-2020 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Vikramjit Banerjee, ASG Mr. Gurmeet Singh Makker, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Delay condoned. 2 We have heard Mr Vikramjit Banerjee, Additional Solicitor General on behalf of the petitioners. 3 In the facts and circumstances of the present case, we are not inclined to entertain the merits of the challenge in the Special Leave Petition under Article 136 of the Constitution, except for what is clarified below. The question of law is kept open to be adjudicated upon in an appropriate case before the High Court, should it arise in the future.

2 4 The direction issued by the High Court that the liability which is incurred on account of interest be recovered from the officers responsible for the delay in the disbursal of the pension is deleted. 5 Time for compliance is extended by a period of one month from today. 6 The Special Leave Petition is disposed of in the above terms. 7 Pending application, if any, stands disposed of. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER

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