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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SHREE PRAKASH SINGH
Amrendra Kumar Singh – Appellant
Versus
U.P. Rajkiya Nirman Nigam Ltd. Thru. Managing Director – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings post-retirement are contested. (Para 4 , 5 , 10 , 11 , 12) |
| 2. working manual informs inquiry proceedings. (Para 6 , 7 , 9 , 14) |
| 3. charge sheet issuance initiates disciplinary proceedings. (Para 15 , 16 , 17 , 18) |
| 4. charge sheet issued post-retirement quashed. (Para 19 , 20 , 21) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the petitioner and Mr. Shishir Jain, learned counsel for the respondent corporation.
2. The matter involves a pure question of law, and therefore, the same is hereby decided at the admission stage.
3. The present writ petition has been filed seeking following relief:-
"A) Issue a writ order or direction in the nature of Certiorari quashing the charge sheet dated 08/08/2022, contained as Annexure No. 1 to this Writ Petition."
4. The challenge is laid to the charge sheet dated 8th August 2022, issued against the petitioner, on the ground that no inquiry proceeding can be initiated after the retirement of an employee.
5. The contention put forth by the learned counsel for the petitioner is that the petitioner was appointed on the post of Assistant Accounts on 5th June 1996, and thereafter, he was promoted to the
Disciplinary proceedings against an employee must be initiated before retirement; a charge sheet issued after superannuation is invalid.
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....
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.
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 ....
Not only such departmental enquiry would lapse after retirement of such employee, he/she shall be entitled for the emoluments payment to him/her.
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