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2001 Supreme(Cal) 171

Ajoy Nath Ray, S.N.Bhattacharjee
Hindustan Copper Limited – Appellant
Versus
Krishnendu Narayan Ghosh – Respondent


Advocates Appeared:
Anindya Mitra, Kaustav Chunder for the appellant;
Arunava Ghosh, Soumya Majumder for the respondents.

Order

The Court: Both the appeals of Hindustan Copper Ltd. and the Union of India are disposed of by this common judgement.

This is an appeal from the judgment and order passed by the Hon'ble Mr. Justice Barin Ghosh on 10th of December, 1999 quashing two chargesheets against the writ petitioner, both issued in the month of February, 1998.

2. After the writ petitioner had availaed himself of the grant of extensions, he superannuated from service on the 28th of February, 1998.

3. Although he retired, he answered the charge-sheets even after his retirement; it was mentioned that after retirement the disciplinary proceedings could not continue; the writ petitioner's case was that as per his answers the charges should be dropped; in case those were not dropped, he asked for a personal hearing, together with air fare and accommodation.

We were told that these were provided.

4. The principal point of law with which we are concerned here is whether disciplinary proceedings can be continued against a retired employee.

5. Reviewing the authorities as were cited before us, it seems to us that the answer to this query is plain in Indian Service Jurisprudence. The answer is that it all depends upon th















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