Disciplinary proceedings against an employee cannot be continued post-retirement in the absence of specific statutory provisions or service regulations. Consequently, any post-retirement recovery or punishment order is legally invalid, and the employee remains entitled to full retiral and pensionary benefits.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Som Kartik Shukla, learned counsel for the petitioner, learned Standing Counsel for respondent No.1/ State and Sri Rajiv Kumar Sinha, learned counsel for respondent Nos.2 and 3.

2. Facts in nutshell are that the petitioner was working on the post of Godown Man/ Centre In Charge, Manjhanpur/ In charge District Manager, Koshambi, Allahabad Division. Vide order dated 2.6.2011, the respondent No.4 placed the petitioner under suspension on certain allegation and the petitioner was attached with the Accounts Officer (Audit), office of the respondent No.4. To conduct the enquiry, Enquiry Officer was appointed with direction to conclude the enquiry within a month and submit report.

3. The enquiry was not completed, thus, the petitioner submitted his representation before the respondent No.4 on 22.12.2011 and 30.4.2012 for cancellation of the suspension order. In pursuance to the aforesaid representation of the petitioner, vide order dated 18.6.2012, the respondent No.4 revoked the order of suspension of the petitioner vide order dated 2.6.2011 and he was attached with the office of respondent No.4. On 4.4.2014, the respondent No.4 issued an order that the petitioner will retire from service on 30.6.2014. No dues certificate in respect of the petitioner to be issued by 30.4.2014, clearing all dues against him so that due amount may be recovered from the petitioner's due and rest may be paid to him within time. It was further directed that no dues certificate cannot be issued during the pendency of disciplinary proceeding. The petitioner retired from the post of Godown Man on 30.6.2014 after attaining the age of superannuation.

4. In spite of that, no retiral dues were paid to the petitioner. The detail of the payable dues has been referred in paragraph 11 of the writ petition. Due to non payment of retiral dues, the petitioner filed a representation on 26.9.2014 before the respondents through registered post with the request for payment of retiral dues but no action was taken. Due to non taking of action by the respondents in the representation filed by the petitioner, he again filed a representation on 5.11.2014 before the respondents through registered post. Due to non passing of the order, feeling aggrieved, the petitioner filed Writ Petition No.7042 (S/S) of 2014 and direction was issued to the respondents to ensure payment of retiral dues to the petitioner including retiral/ pensionary benefits alongwith the interest at the rate of 12 % and the writ petition was finally disposed of vide order dated 5.12.2014, directing the respondent No.3 to decide the representation of the petitioner for the payment of retiral benefits in accordance with law, within three months.

5. The respondent No.3 decided and rejected the representation of the petitioner vide order dated 13.2.2015 stating that till the departmental enquiry against the petitioner is finalized, no dues could be paid to him. The order passed on 13.2.2015 was challenged in Writ-A No.2505 of 2015, wherein direction was issued to complete the pleadings and the writ petition is still pending consideration. The writ petition was dismissed for want of prosecution vide order dated 31.10.2022. An application for restoration/ recall of the order was filed which was allowed and the writ petition was restored. Thereafter, after the conclusion of disciplinary proceeding, an order of punishment was passed on 22.3.2021 by the General Manager, which is under challenge before this Court, whereby an order was