‘Public servant’ does not include retired employee; notice of enquiry against retired public servant held sans jurisdiction

Manipur High Court: A Single Judge Bench comprising of Kh. Nobin Singh, J. allowed a writ petition filed by a retired public servant challenging the notice of enquiry issued against him under Rule 9(7) of the Manipur Public Servants’ Personal Liability Rules, 2006.

The petitioner had retired from the post of Head Clerk in the Department of Minorities and Other Backward Classes. After a gap of six years from the date of his retirement, the Deputy Secretary (Finance/PIC), Government of Manipur issued a notice against him under the rule mentioned above. It was issued in contemplation of an enquiry to be held against him for his irregularity of action as a public servant. Being aggrieved by the said notice, the petitioner filed the instant petition. The ground being, inter alia, that since he had already retired from service, the provisions of Manipur Public Servants’ Personal Liability Act, 2006 would not apply to him.

The question for consideration before the High Court was ‘whether the provisions of the Act will apply to a retired employee or not?’. It was noted by the Court that the main object and reason behind enactment of the Act is the recovery of Government money misappropriated by a public servant. The Court perused Section 2(g) [which defines public servant]  and Section 4 [which provides for liability for irregular action of public servant]; and observed that the retired employee is nowhere referred to in those sections. If the Act was intended to apply to retired employees also, nothing prevented the State Government from including it in the Act. After retirement, the employee is no longer a public servant for all practical purposes. The Court was of the view that the notice impugned was issued without jurisdiction and was liable to be quashed and set aside. The writ petition was accordingly allowed. [B. Malsawma v. State of Manipur,2018 SCC OnLine Mani 86, dated 10-08-2018]

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