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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
S.M. Syed Nazeer – Appellant
Versus
Joint Registrar of Co-operative Societies/Chairman, Krishnagiri – Respondent
| Table of Content |
|---|
| 1. legality of continuing disciplinary proceedings post-retirement. (Para 1 , 3 , 4 , 5) |
| 2. conditions under which disciplinary actions can continue after retirement. (Para 2 , 8 , 10) |
| 3. authority's powers regarding employee disciplinary proceedings. (Para 6 , 12 , 18) |
| 4. service rules enabling continuance of disciplinary proceedings. (Para 9 , 13) |
| 5. judgment outcomes and orders regarding payment of benefits. (Para 23) |
ORDER :
1. W.P. No.27668/24 has been filed to forbear the 1st respondent from continuing the disciplinary proceedings with a further plea to settle the petitioners statutory service benefits along with interest; W.P. No. 3901/25 has been filed to quash the charge memo and for a consequential direction to the respondents to retire the petitioner from service and pay the service benefits to the petitioner upon retirement; W.P. No.7574/25 has been filed to quash the impugned order imposing penalty by rejecting the enquiry officer’s report of exoneration of the petitioner in view of the order of the disciplinary authority permitting the petitioner to retire from service and W.P. No.34518/25 has been filed praying to quash the charge memo and consequently to d
Disciplinary proceedings against retired employees cannot continue without relevant service rules allowing such actions; withholding terminal benefits under these circumstances is illegal.
Disciplinary proceedings already initiated before retirement has to be allowed to be continued
Employment and Service - Misconduct - Discharge from service - Claiming Retiral Benefits - Society failed to perform its statutory duty by not releasing retiral benefits to appellant.
Payment of Gratuity Act, 1972, would deal with, not merely statutory corporations, but various other employer bodies which are non statutory bodies, like registered companies/registered societies and....
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
Disciplinary proceedings initiated prior to superannuation remain valid and legally enforceable after retirement. The employer retains the authority to conclude such proceedings to determine pension ....
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