Whether disciplinary proceedings are maintainable in cases where the charge-sheet was issued before the superannuation of the employee but was served on the employee after his retirement?
From India, New Delhi
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450From India, New Delhi
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Disciplinary proceedings are maintainable where the charge sheet is issued (may or may not be served), provided the superannuation/relieving order states so. However, once an employee is retired from service, there are only a few punishments possible. The issue of whether an employee can be terminated from service with retrospective effect was pending before the Supreme Court some time back. Whether the theory of 'Relation back' has been upheld or rejected is not known to me. There are several instances where retired employees have been imposed punishment of reduction in grade by two or more stages.
In certain Service Rules, the retired employee in Government service can be retained in service until the disciplinary action is over for that limited purpose, and the employee is entitled to his last pay.
From India, Mumbai
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In certain Service Rules, the retired employee in Government service can be retained in service until the disciplinary action is over for that limited purpose, and the employee is entitled to his last pay.
From India, Mumbai
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Dear Team HR,
The following reply was observed on a labor-related website.
In the matter of Shri Ramesh Chandra Verma v. State of Himachal Pradesh, [CWPOA No. 411 of 2019 decided on September 17, 2020], the Himachal Pradesh High Court, while relying on the Supreme Court's decision in the matter of Union of India v. Dinanath Shantaram Karekar, [AIR 1998 SC 2722], held that where the disciplinary proceedings are intended to be initiated by issuing a charge-sheet, its actual service to the employee is essential to initiate the disciplinary proceedings. The theory of 'communication' cannot be invoked, and actual service is required to be proved and established. Therefore, the disciplinary proceedings which were continued against the employee, even after his superannuation, on the basis of a charge-sheet, which was never served upon him until his superannuation, were held non-est in the eyes of the law, and the order based on such disciplinary proceedings by the disciplinary authority was held to be void ab initio.
From India, New Delhi
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The following reply was observed on a labor-related website.
In the matter of Shri Ramesh Chandra Verma v. State of Himachal Pradesh, [CWPOA No. 411 of 2019 decided on September 17, 2020], the Himachal Pradesh High Court, while relying on the Supreme Court's decision in the matter of Union of India v. Dinanath Shantaram Karekar, [AIR 1998 SC 2722], held that where the disciplinary proceedings are intended to be initiated by issuing a charge-sheet, its actual service to the employee is essential to initiate the disciplinary proceedings. The theory of 'communication' cannot be invoked, and actual service is required to be proved and established. Therefore, the disciplinary proceedings which were continued against the employee, even after his superannuation, on the basis of a charge-sheet, which was never served upon him until his superannuation, were held non-est in the eyes of the law, and the order based on such disciplinary proceedings by the disciplinary authority was held to be void ab initio.
From India, New Delhi
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Yes, the disciplinary proceedings are maintainable in cases where the charge sheet was issued before the superannuation of the employee.
The disciplinary proceedings are not maintainable in cases where the charge sheet was issued after his retirement.
From India, Mumbai
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The disciplinary proceedings are not maintainable in cases where the charge sheet was issued after his retirement.
From India, Mumbai
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The judgment in Ramesh Chandra Verma v. State of Himachal Pradesh was reviewed. The Single Bench of the Himachal Pradesh High Court (J. Ajay Mohan Goel) allowed the petition and rejected the disciplinary action. This decision was based on the fact that the charge sheet, although issued before retirement, was served six months after retirement, and the required permission of the Governor was not obtained.
In the case of Union Of India & Ors vs Dinanath Shataram Karekar & Ors, decided on 30 July 1998 by the Supreme Court, it was held that the charge sheet and the show-cause notice were never served on the employee as per the rules. Consequently, the entire disciplinary proceeding was deemed vitiated.
From India, Mumbai
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In the case of Union Of India & Ors vs Dinanath Shataram Karekar & Ors, decided on 30 July 1998 by the Supreme Court, it was held that the charge sheet and the show-cause notice were never served on the employee as per the rules. Consequently, the entire disciplinary proceeding was deemed vitiated.
From India, Mumbai
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Dear All Thanks for your erudite and knowledgeable replies which are useful for my understanding.
From India, New Delhi
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From India, New Delhi
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In cases where the indictment was issued before the employee retired but was sent to the employee after his retirement, disciplinary proceedings cannot continue.
Please visit [USPS Tracking Number](https://uspstrackingnumber.co/) for further information.
From Malaysia, undefined
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Please visit [USPS Tracking Number](https://uspstrackingnumber.co/) for further information.
From Malaysia, undefined
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc