Unless Specifically Provided In Statue, Employer Cannot Initiate/Continue Disciplinary Proceedings Against Retired Employee: Allahabad High Court
11 months, 1 week ago

Unless Specifically Provided In Statue, Employer Cannot Initiate/Continue Disciplinary Proceedings Against Retired Employee: Allahabad High Court

Live Law  

The Allahabad High Court has held that unless it has been specifically vested with the jurisdiction under a statue, a disciplinary authority of the employer cannot initiate or continue pending disciplinary proceedings against an employee after his superannuation. The Supreme Court had held that no disciplinary proceedings could continue against the retired employee as there was no jurisdiction vested in the authorities to continue such proceedings post retirement of the employee. A provision of that kind in the Regulations would then, by fiction of law, extend the employer's disciplinary jurisdiction over a retired employee, against whom proceedings were initiated prior to his retirement.” The Court held that disciplinary inquiry can be extended post retirement of employee only if provided in the statute governing his service conditions. There is no such provision pari materia with Regulation 351-A of the Civil Services Regulation.” Relying on the decision of Supreme Court in Dev Prakash Tewari v. Uttar Pradesh Cooperative Institutional Service Board, Lucknow and others, the Court held there is no provision in the Regulations framed by the Corporation which enable such disciplinary action after retirement of the employee.

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History of this topic

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings
2 days, 3 hours ago

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings

Live Law  

Recently, the Allahabad High Court terminated the disciplinary proceedings against petitioner-employee in which chargesheet had issued in 2009 and no action was taken since then. Petitioner approached the High Court seeking payment of retiral dues and conclusion of the disciplinary proceedings. The Court observed that the District Panchayat Raj Officer, Ghazipur, in his personal affidavit, could not explain the reasons …

No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court
3 days, 5 hours ago

No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court

Live Law  

While granting interest on delayed payment of post-retiral dues to a Nagar Palika employee, the Allahabad High Court observed that unless there are compelling reasons or serious charges, an employee should not be retired with disciplinary proceedings pending against him. 10,000 on the Executive Officer, Nagar Palika Parishad, Seohara, Bijnor for delaying the payment of retiral dues of the employee …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
2 months, 2 weeks ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

Allahabad High Court Dismisses PIL Seeking Enhancement Superannuation Age Of State Govt Employees From 60 Yrs To 62 Yrs
2 years, 6 months ago

Allahabad High Court Dismisses PIL Seeking Enhancement Superannuation Age Of State Govt Employees From 60 Yrs To 62 Yrs

Live Law  

The Allahabad High Court recently dismissed a Public Interest Litigation plea seeking a direction to the State Government to enhance the age of superannuation of the employees of the State of U.P. from 60 years to 62 years.Stressing that in service matters, no public interest litigation is maintainable, the Bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar dsimissed. …

Allahabad HC Upholds Compulsory Retirement Of Govt Employee Found To Be 'Indolent', 'Religious Bigot' & 'Harasser Of Females'
2 years, 10 months ago

Allahabad HC Upholds Compulsory Retirement Of Govt Employee Found To Be 'Indolent', 'Religious Bigot' & 'Harasser Of Females'

Live Law  

Stressing that the employer is entitled to remove the dead woods from service, the Allahabad High Court recently upheld the order of compulsory retirement of a Government employee who was found to be indolent, quarrelsome, disturber of peace, religious bigot, harasser of females, and scheduled caste people.The Bench of Justice Dinesh Kumar Singh also observed that an employer is entitled. …

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]
5 years, 6 months ago

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Friday held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. Petitioner challenged the said condition of continuation of the disciplinary proceedings against her in a writ petition before the high Court. A division bench of …

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