AI Overview...
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Authority to Proceed Against Absentee after Retirement - Generally, disciplinary or legal proceedings against employees, including those who have retired, can continue if initiated prior to retirement, especially if the misconduct relates to service conditions or disciplinary violations. The courts and authorities have upheld that proceedings can be valid even post-retirement, provided the misconduct was committed during service Md. Moinuddin VS Additional Director General of Police (Administration), Andhra Pradesh, Hyderabad - Andhra Pradesh.
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Disciplinary Action for Unauthorized Absence - Unauthorized absence from duty can lead to disciplinary measures such as dismissal or compulsory retirement. Courts have found that punishments must be proportionate; excessive penalties like dismissal can be substituted with less severe measures like compulsory retirement if justified Upendra Kumar Singh VS State of Jharkhand - Jharkhand, V. Ramesh Kumar Typist, Coimbatore VS The State of Tamil Nadu Rep. By Its Secretary To Government Chennai & Others - Madras, State Of J. &K. VS Syeda Begum - Jammu and Kashmir.
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Legal Proceedings Post-Retirement - Courts have held that disciplinary proceedings can continue after retirement if they pertain to misconduct during service. For instance, proceedings initiated before retirement can be continued, and in some cases, the court has quashed disproportionate penalties and directed re-evaluation or substitution of punishments Police Constable 1151 Chandra Shekhar Prasad Yadav @ Chandeshwar Prasad Yadav, son of Late Somar Prasad Yadav VS State of Jharkhand - Jharkhand, C. R. L. Narasimhan VS State Bank of India, Rep. by its Managing Director (Personnel), Bombay - Madras.
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Authority of Authorities & Procedure - The authority to initiate or continue proceedings against absentees or retirees depends on the nature of misconduct and procedural compliance. Orders of departmental authorities are subject to judicial review, ensuring fairness and proportionality Hemant Kumar VS State of Himachal Pradesh - Himachal Pradesh, Lekhraj Shrichandani through LRs VS State Bank of India - Rajasthan.
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Main Insights:
- Proceedings against absentee employees can proceed even after retirement if misconduct occurred during service.
- Disciplinary actions must be proportionate; courts have substituted dismissals with retirement or reduced penalties.
- Courts emphasize procedural fairness and proper conduct of inquiries, including the opportunity for hearing.
- Benefits like pension and retiral dues may be affected but are subject to legal safeguards and appeals.
- Recovery from retirement dues is permissible only under specific circumstances, and appeals against recovery orders can be allowed Suresh Puri vs State Bank of India - Delhi.
Conclusion:
Authorities concerned can proceed with disciplinary or legal proceedings against absentee employees even after their retirement, provided the misconduct was during service and procedural norms are followed. Courts tend to favor proportionate penalties and ensure fairness in disciplinary actions, including the continuation of proceedings post-retirement.
Search Results for "After Retirement Authoroity Concerned can Proceed Proceeding Agaisnt the Absentee"
2010 0 Supreme(AP) 726 • India - Andhra Pradesh
G.CHANDRAIAH, GHULAM MOHAMMED
No.299 (2) to (4) Constitution of India, 1950, Article 226 :- Where the head constable of the unauthorizedly absented himself from ... It is also stated that though the past conduct of the petitioner shows that he was a chronic absentee, the same has not been taken into account, while issuing the impugned proceedings, and the punishment imposed against the petitioner is proportionate to the charges framed against him. ... ... Order No.299 (3): No subordinate Police Officer may proceed#HL_END....
2010 0 Supreme(Jhk) 5 • India - Jharkhand
D.G.R.PATNAIK
from dismissal to compulsory retirement—Petitioner can file his claim for subsistence allowance for period he remained suspended ... Service Law—Dismissal—A police personnel absented for a long period from his service—Joined for only one day and remained absent ... for long—Non-co-operating in all enquiry and official proceedings—Punishment imposed—Petitioners pray for converting the punishment ... However, a concession was given to the delinquent employee by issuing a direction to the concerned authorities that if any r....
2021 0 Supreme(Del) 1655 • India - Delhi
RAJIV SAHAI ENDLAW, SANJEEV NARULA
The Industrial Dispute concerned his status as a regular employee or daily wager. ... Regularization - Industrial Dispute - Delhi Road Transport Authority - 1952 - Award dated 13th March, 2013 - Section 33C(1) of ... We have heard the counsels further and proceed to adjudicate on the basis of material on record. ... The undisputed facts are, (i) the appellant was in the employment of the respondent DTC, as a Driver, since the year 1974; (ii) in February, 1982, the appellant absented from duty and the respondent DTC, deem....
2010 0 Supreme(Mad) 879 • India - Madras
M.JAICHANDREN
petitioner, a Typist, was charged with unauthorised absence from duty and subsequently imposed with the punishment of compulsory retirement ... Finding of the Court: The court found that the petitioner had absented himself unauthorisedly and had not participated ... It is not the case of the respondents that the appellant is a habitual absentee. He had to proceed on leave under compulsion because of his grave condition of health and, therefore, the punishment of removal from service is excessive and disproportionate. .....
2016 0 Supreme(Jhk) 839 • India - Jharkhand
PRAMATH PATNAIK
The court found that the petitioner had completed over 26 years of service prior to unauthorized absence, and the disciplinary proceeding ... Unauthorized absence, Entitlement to pension and retiral benefits, Disproportionate dismissal, Consideration of defense in disciplinary proceeding ... Final Decision: The dismissal order was quashed and set aside, and the matter was remitted to the appellate authority for ... Thereafter, one departmental proceeding has been in against the petitioner after giving ....
2020 0 Supreme(HP) 896 • India - Himachal Pradesh
AJAY MOHAN GOEL
Finding of the Court: The court found that the petitioner's actions of proceeding on leave without approval and engaging ... Disciplinary proceedings were initiated, and he was dismissed from service. ... Issues: Validity of disciplinary proceedings, proportionality of punishment, and compliance with CCS(CCA) Rules, 1965. ... It was also mentioned in this communication that in the alternative, he was requesting to allow him to proceed on premature retirement. 4. ... request for premature re....
• India - Delhi
V.KAMESWAR RAO
(Paras 22-34) ... ... (C) Terminal Benefits - Recovery from retirement dues not permissible unless ... ... ... Result: Petitioner’s appeals against recovery orders allowed, with directions for refund of deducted amounts. ... (A) Constitution of India - Article 12 - Writ of Certiorari - Disciplinary proceedings - Petitioner challenged the disciplinary orders ... The disciplinary authority has also directed the petitioner to start repayment of the housing loan, which was then pending, from March 2017 onwards till #HL_S....
2012 0 Supreme(Raj) 1692 • India - Rajasthan
M.N.BHANDARI
The appeal so preferred by the respondent Bank was decided vide order dated 17.1.2001 with liberty to proceed with the inquiry and pass appropriate order after affording opportunity of hearing to the employee concerned. The respondent Bank then passed another order of removal on 22.10.2001. ... The respondent Bank preferred a review petition and special appeal showing their inability to proceed with the departmental inquiry against a retired person as is narrated in Para 7 of reply to present writ petition. ... The respo....
2001 0 Supreme(J&K) 27 • India - Jammu and Kashmir
SYED BASHIR-UD-DIN, O.P.SHARMA
The court substituted the punishment of dismissal with compulsory retirement. ... The court substituted the punishment of dismissal with compulsory retirement. ... The court found that the punishment of dismissal was excessive and substituted it with compulsory retirement. ... Since initiation of a departmental proceeding per se does not visit the officer concerned with any evil consequences. ... does not visit the officer concerned with any evil consequences. ... At the same time this....
2015 0 Supreme(Mad) 1329 • India - Madras
T.RAJA
The court was asked to determine the validity of the retirement request and the continuation of disciplinary proceedings after retirement ... retirement after completing 20 years of service, but the competent authority declined the request citing pending lapses. ... retirement. ... enquiry proceedings even after the retirement of the petitioner from service. ... Again the reviewing authority, keeping in abeyance the further major di....
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