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PRITINKER DIWAKER, J. J. MUNIR
Managing Director, U. P. State Bridge Corporation Limited – Appellant
Versus
Prabhat Kumar Jha – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is a respondent's appeal, arising out of a judgment and order of the learned Single Judge dated 31.03.2022, allowing Writ-A No.1920 of 2015.
2. The writ petitioner-respondent, Prabhat Kumar Jha, who shall hereinafter be referred to as 'the writ petitioner', is an ex-employee of the Uttar Pradesh State Bridge Corporation Limited (for short, 'the Bridge Corporation'). He was in their employ since the year 1977. He retired from service upon attaining the age of superannuation on 31.12.2013. The Manager Personnel-I of the Bridge Corporation forwarded the writ petitioner's claim for payment of gratuity to the General Manager, Headquarters. The writ petitioner's claim for leave encashment was similarly recommended. There was inaction in the payment of the writ petitioner's gratuity, leave encashment, family pension and group insurance, aggregating a sum of Rs.25 lacs. The writ petitioner pursued his claim with the various officials of the Bridge Corporation, but to no avail.
3. The writ petitioner preferred a writ petition before this Court being Writ-A No.35132 of 2014, which was heard and disposed of vide order dated 10.07.2014, relegating the writ petitio
The main legal point established in the judgment is that the disciplinary jurisdiction of the employer ceases upon the employee's retirement, and the statutory rules governing the terms of employment....
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.
Point of law: the date of application of mind on the allegations levelled against an officer by the competent authority as a result whereof charge-sheet is issued, would be the date on which the disc....
Departmental proceedings against retired employees must comply with Article 351-A, requiring Governor's sanction and adherence to time limits for validity.
The main legal point established is that the initiation of a departmental proceeding after an employee's superannuation, without issuing a memorandum of charge, is without jurisdiction and bias, rend....
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