Disciplinary proceedings against an employee cannot be continued after his retirement in the absence of a specific clause in the employment rules providing for such enquiry, the Supreme Court has held.
In a recent order, a Bench of Justices T.S. Thakur and C. Nagappan said once an employee retires from service there was no authority vested in the employer to continue the disciplinary proceedings even for the purpose of imposing any deduction in the benefits payable after retirement to the delinquent employee.
Appellant Dev Prakash Tiwari was working in UP Cooperative Institutional Service Board. Disciplinary proceedings were initiated against him after retirement. On a writ petition, a single judge of the Allahabad High Court held that there was no provision made for continuance of the departmental enquiry after superannuation and quashed the proceedings. However, on appeal, a Division Bench permitted the enquiry which was not completed even after four years. He filed the present appeal against the High Court judgment.
Allowing the appeal, the Bench quashed the disciplinary proceedings and directed the respondent to pay arrears of salary and allowances payable to the appellant and also to pay him his post-retirement benefits.
