The Madhya Pradesh High Court stated that the power to review under Rule 29(1) of the MP Civil Services Rules cannot be used after six months.
The Madhya Pradesh High Court has ruled that the review power under Rule 29(1) of the MP Civil Services (Classification, Control and Appeal) Rules, 1966, must be used within six months. This decision came from a petition filed under Article 226 of the Indian Constitution regarding the withholding of pension benefits. Justice Sanjay Dwivedi, in a single-bench hearing, noted that the rule clearly states the six-month limit applies to the authorities mentioned in rule 29(1)(i), (ii), and (iii). The use of “or” in the rule shows that any of these authorities can exercise the review power within six months, but not after that.
In this case, the petitioner served for 38 years, received three promotions, and retired as a Sub Divisional Magistrate on July 31, 2020. Although he was acquitted in an inquiry during his service, a decision was made on October 11, 2022, to review his exoneration. As a result, his pension benefits were withheld on December 5, 2022.
The District Magistrate had cleared the petitioner of all charges related to a factory explosion. However, a departmental inquiry by the then Commissioner also found him not guilty of the charges.
The petitioner retired from service on July 31, 2020, but the respondents held back his retirement benefits. The petitioner then filed a petition asking the respondents to consider his request. Meanwhile, the respondents summoned him, stating they were reviewing the decision to exonerate him from an inquiry, using the authority granted by Rule 29(1) of the 1966 Rules. Later, they decided to withhold 90% of his gratuity and his pension.
In their response, the respondents claimed there is no time limit for the State to exercise review power. However, the court disagreed, stating that the review must be done within six months as per the Rules. The petition was therefore granted.
Cause Title: Shri Kameshwar Choubey vs State of Madhya Pradesh and Others
