Back
RAJESH SINGH CHAUHAN
Shriprakash Upadhaya – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Food & Civil Supplies, Lko. – Respondent
JUDGMENT :
1. Heard Sri B.R. Singh, learned counsel for the petitioner. Notice for opposite party no.1 has been accepted by the office of learned CSC.
2. Sri Anurag Vikram has filed Vakalatnama on behalf of opposite party no.2, the same is taken on record.
3. By means of this petition, the petitioner has assailed the punishment order dated 11.9.2020 (Annexure No.1), orders dated 13.10.2020 and 23.12.2020 (Annexures No.2 & 3). By means of order dated 23.12.2020, recovery to the tune of Rs.50,12,631.59 has been directed. The petitioner has also assailed the order dated 8.7.2020 whereby opposite party no.2 has denied payment of due salary of the petitioner from January, 2014 to December, 2019.
4. The precise submission of learned counsel for the petitioner is that the petitioner retired from service on 31.12.2019 after attaining the age of superannuation. Prior to his retirement, charge sheet dated 26.10.2019 has been served upon the petitioner. Till retirement of the petitioner, enquiry could not be concluded. However, after nine months from the retirement, the impugned order dated 11.9.2020 has been issued whereby recovery for an amount of Rs.36,31,735.25 has been directed by opposite p
There is also no provision for conducting a disciplinary enquiry after retirement of the appellant and nor any provision stating that in case misconduct is established, a deduction could be made from....
There is also no provision for conducting a disciplinary enquiry after retirement of the appellant and nor any provision stating that in case misconduct is established, a deduction could be made from....
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 cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
Amendments to regulations cannot apply retrospectively to actions taken before their enactment, but an employee's undertaking may allow for recovery in certain circumstances.
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
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 and recovery cannot be initiated or continued against a retired employee after retirement as per the Staff Service Rules, 1975 and relevant legal precedents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
