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TARLOK SINGH CHAUHAN, VIRENDER SINGH
Bir Singh – Appellant
Versus
H. P. State Forest Dev. Corp. Ltd. – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
The instant petition has been filed for the grant of following substantive reliefs:-
ii. That a writ in the nature of mandamus may kindly be issued, directing the respondents to drop the charges in respect of the petitioners with all consequential benefits and justice be done.
2. It is not in dispute that the petitioners were retired from service on attaining age of superannuation on 31.01.2013 and 29.02.2012, whereas the disciplinary proceedings have been initiated after the retirements by issuing memorandum on 08.11.2019.
3. In this backgroun
If inquiry has been initiated while delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change.
If inquiry has been initiated while delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change.
Not only such departmental enquiry would lapse after retirement of such employee, he/she shall be entitled for the emoluments payment to him/her.
Disciplinary proceedings against an employee must be initiated before retirement; a charge sheet issued after superannuation is invalid.
A de novo enquiry against a retired employee is impermissible in law unless permitted by service rules, highlighting the protection of employees' rights post-retirement.
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
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....
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