A division bench of the Jammu and Kashmir High Court has overturned a government order mandating the recovery of honorarium from the pension of a retired police officer. The court ruled that disciplinary actions cannot extend beyond retirement without proper process and evidence of financial loss.
The decision was made by Justices Sanjeev Kumar and Sanjay Parihar while reviewing a petition filed by Sudershan Mehta, a retired Deputy Superintendent of Police. Mehta contended that he was being unfairly penalized for his tenure as joint secretary of the Jammu and Kashmir Cricket Association (JKCA) during his service.
The court emphasized that a retired individual cannot face departmental proceedings for misconduct that occurred during their service unless there are specific allegations of negligence or fraud that have been verified through a formal inquiry. The justices further stated that the government’s directive violated principles of natural justice and could not be upheld.
Senior Additional Advocate General Monika Kohli argued that Mehta had breached service conduct regulations by accepting a remunerated position in the JKCA between 2003 and 2016 without obtaining prior approval. She referenced Article 168-A of the Jammu and Kashmir Civil Service Regulations, which permits deductions from pension for losses incurred by an employee.
An inquiry officer found that Mehta had received a monthly honorarium of ₹12,000 in addition to his government salary. Following this finding, the Home Department issued an order in November 2022 to recover the honorarium from his pension.
Mehta’s counsel, Parveen Kapahi, asserted that no charge of financial loss had been formally leveled against him, rendering the recovery action inappropriate. In dismissing the government order, the court noted that around 51 other senior officials had also held positions in various sports associations without prior authorization, yet no similar actions were pursued against them.
