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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Sanjeet More – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent
| Table of Content |
|---|
| 1. challenge to retirement order. (Para 1 , 2) |
| 2. arguments on penalty and illness. (Para 3 , 4 , 5 , 6) |
| 3. respondents argue willful absence. (Para 7 , 8) |
| 4. petitioner's history of absence. (Para 10 , 11 , 12 , 13 , 14) |
| 5. petitioner worked elsewhere post-absconding. (Para 15 , 16 , 17) |
ORDER :
VIVEK JAIN, J.
By way of this petition, challenge is made to Order Annexure P-1 dated 13.12.2018 whereby the respondents have awarded the penalty of compulsory retirement to the Petitioner while dispensing with the enquiry in terms of enabling provisions as per Rule 30 (ii) of B.H.E.L. CDA Rules, 1975.
2. The aforesaid Order dated 13.12.2018 is challenged by the Petitioners who are husband and wife, though the employee was only Petitioner No.1.
3. Learned counsel for the petitioners has vehemently argued that the impugned penalty Order awards a major penalty as defined in the B.H.E.L. CDA Rules, 1975 (for short, Rules of 1975). It is contended that the penalty of compulsory retirement is mentioned as major penalty as per clause 23 (h) and as per clause 25 (1), the penalties specified in various clauses including clause (h) of Rule 23 can be imposed only after enquiry is held in acco
Compulsory retirement without inquiry contravenes procedural rules; willful absence and voluntary abandonment justify such penalties in employment law.
Pension calculation must comply with specific rules; compulsory retirement does not entitle weightage for pension benefits.
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
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