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A. S. CHANDURKAR, FIRDOSH P. POONIWALLA
Pratapsinh Kedar Patil – Appellant
Versus
Chief Exec Officer, MIDC, Mumbai – Respondent
JUDGMENT :
FIRDOSH P. POONIWALLA, J.
1. RULE. Rule made returnable forthwith and heard finally by consent of the parties.
2. By this Petition, the Petitioner challenges an Office Order dated 30th December, 2022 (Ex. ‘F’ to the Petition) to the extent that it contemplates initiation of enquiry against the Petitioner and also seeks an order for release of retiral benefits of the Petitioner.
3. By an Office Order dated 26th July, 1989, the Petitioner was appointed to the post of Assistant Engineer Grade-I with MIDC.
4. In 2002, the Petitioner was promoted to the post of Deputy Engineer. During his tenure, the Petitioner was also posted at MIDC, Sinnar, Sub-Division. Thereafter, vide Office Order dated 31st January, 2006, the Petitioner was transferred to the Dhule Sub-Division.
5. After having served for more than 33 years, the Petitioner was relieved from his duties on account of superannuation w.e.f. 30th December, 2022. This was communicated to the Petitioner by an Office Order dated 30th December, 2022 (Ex. ‘C’ to the Petition). At the time of superannuation, the Petitioner was working on the post of Executive Engineer in the office of the Chief Engineer, MIDC Headquarters, Pune.
6. Sinc
An enquiry against an employee cannot be continued after superannuation in the absence of any provision permitting the same. Retiral benefits cannot be withheld unless the governing statutes or servi....
Disciplinary proceedings cannot be continued after an employee's retirement to withhold retiral benefits unless specific service regulations explicitly provide for such post-retirement continuation.
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
Article 168-A of the J&K Civil Services Regulations empowers the government to conduct departmental proceedings against a retired government employee to determine financial loss caused by the employe....
: In absence of rules and regulations providing to the contrary, disciplinary proceedings against a retired Government Official cannot be instituted or continued.
Institution of post-retirement disciplinary proceedings is invalid without specific provisions in applicable regulations, necessitating prior government sanction for such proceedings.
Employment and Service - Misconduct - Discharge from service - Claiming Retiral Benefits - Society failed to perform its statutory duty by not releasing retiral benefits to appellant.
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