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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Rajesh Kumar Nigam – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioners in these writ petitions were permanent employees of Uttarakhand Seeds and Tarai Development Corporation Ltd. (hereinafter referred to as ‘the Corporation’), who retired from service on different dates in the year 2017. After their retirement, disciplinary proceedings were initiated against them and the amount payable to them as gratuity, leave encashment, group insurance etc. has been withheld due to pendency of disciplinary proceedings. Thus, feeling aggrieved, petitioners have approached this Court for relief.
2. Since common question of law and facts are involved in these petitions, therefore, they are heard and decided by this common judgment, however, for the sake of brevity, facts of WPSB No. 407 of 2021, alone are being considered and discussed. Mr. Rajesh Kumar Nigam, who was appointed as Company Secretary in the Corporation, and retired on 31.08.2017, has filed WPSB No. 407 of 2021 with the following prayers:-
(II) Issue a writ, order or direct
Disciplinary proceedings against retired employees require explicit legal provisions; otherwise, retirement benefits cannot be withheld.
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.
The applicability of Civil Service Regulations depends on employment nature; disciplinary proceedings cannot continue against retired employees without specific provisions, and gratuity cannot be wit....
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....
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
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....
Disciplinary proceedings against retired employees must have legal authority as per statutory rules or provisions, and the absence of such authority renders the proceedings without jurisdiction.
Departmental proceedings against retired employees must comply with Article 351-A, requiring Governor's sanction and adherence to time limits for validity.
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