Skip to main content

Disciplinary action after retirement

The Vacation Bench of the Supreme Court in State of West Bengal vs Aswini Kumar Mahato has held that an order of cut in pension was permissible after a person reached the age of superannuation. The Bench comprising of Justices A.K.Goel and A.M.Khanwilkar has allowed the Appeal filed by State of West Bengal against a Calcutta High Court order in which it was held that once an employee is allowed to retire on attaining the age of superannuation, the concerned authority has no jurisdiction to pass an order in a disciplinary proceeding since the master-servant relationship cannot exist after retirement. It is argued on behalf of the state that under Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 pension can be withheld if either any pecuniary loss was caused by the concerned employee or the employee is found to be guilty of misconduct or negligence while in service. This, of course, is subject to the conditions contained in the proviso to Rule 10(1) of the Rules that the departmental proceeding is instituted while the employee is in service. In case such departmental proceedings were not initiated when the employee was in service, the conditions mentioned in Proviso (b) require sanction of the Governor. The alleged event should have taken place within four years of institution of the proceedings and the proceedings are to be conducted by such authority as may be directed by the Governor in accordance with the Rules. Allowing the Appeal, the Supreme Court held that view taken by the High Court cannot be sustained as the decisions referred to in the order of the High Court have not been properly considered. There was no bar to the impugned order being passed after superannuation as the inquiry had already been initiated before retirement which could have been continued even after the retirement. The Bench has relied on State of West Bengal & Ors. v. Pronab Chakraborty, (2015) 2 SCC 496, where in similar fact situation, Supreme Court held that even after superannuation departmental proceedings could continue not only in case where pecuniary loss is caused but also in other cases referred to in the Rules i.e. “grave misconduct or negligence”.

Read more at: http://www.livelaw.in/order-cut-pension-permissible-even-employee-reached-age-superannuation-sc/
Labels:

Comments

Post a Comment

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of ...
24 comments
Read more

An order of attachment before judgment ends if a suit is dismissed

An order of attachment before judgment passed under Order XXXVIII Rule 5 of the Code will not survive the dismissal of a suit and it ends when the suit is dismissed after trial. Contents 1 (i) Whether an order of attachment before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (“the Code”, for short) made in a suit for recovery of money will survive the dismissal of the suit on merits? 2 (ii) If the appellate court reverses the decree of the trial court and allows the suit claim, will it result in an automatic revival of the order of attachment before judgment? 3 (iii) Whether the ratio in the decision by Full Bench in Thampi Muhammad Abdul Kadir v. Padmanabha Pillai Parameswaran Pillai (1952 KLT 264) holds good in view of the change in the precedential law and insertion of Order XXXVIII Rule 11A to the Code? 3.1 “11A. Provisions applicable to attachment.- 3.2 “57. Determination of attachment.- 3.3 Arumuhom Ammal v. Nayanar Panicker (1962 KLT 264) 3.4...
Post a Comment
Read more

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a...
13 comments
Read more