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Dev Prakash Tewari v. U.P. Cooperative Institutional Service Board

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5848-49 of 2014)Decided 30 Jun 2014
Civil Appeal Nos. 5848-49 of 2014
Justice T.S. Thakur · Justice C. Nagappan

Background

An assistant engineer's dismissal was overturned because he had not been allowed to cross-examine witnesses. His employer began a fresh inquiry after reinstatement, but it remained unfinished when he retired in 2009. The High Court allowed the employer to continue that inquiry after retirement.

Decision Breakdown

The Court allowed the employee's appeals and held that the inquiry had lapsed on retirement. The governing cooperative-service regulations contained no provision authorising disciplinary proceedings to continue after retirement or permitting a resulting reduction in retirement benefits. Earlier permission to conduct a fresh inquiry did not supply the missing statutory power. The employer was directed to pay outstanding salary and allowances and all retirement benefits under the rules as if no disciplinary proceeding or dismissal order had existed.

Lesson Learnt

Whether an employer can continue disciplinary action after retirement depends on the applicable service rules. Permission to restart an inquiry does not itself create authority to continue it beyond retirement.

Official source (sci.gov.in)View Judgment (PDF)

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