Disciplinary proceedings can’t begin after retirement of employee: SC
Updated: Nov 20th, 2024
No disciplinary proceeding can be initiated after a delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service, observed the Supreme Court of India on Tuesday.
The court noted that “a subsisting disciplinary proceeding i.e. one initiated before superannuation of the delinquent officer may be continued post superannuation by creating a legal fiction of continuance of service of the delinquent officer for the purpose of conclusion of the disciplinary proceeding”, but could not be initiated after the retirement.
The court was hearing the case of State Bank of India (SBI) and others (appellant) vs Navin Kumar Sinha (respondent), when it made these observations, in a judgment by Justices Ujjal Bhuyan and Abhay Oka.
SBI had challenged the judgment by the Jharkhand High Court, which quashed the dismissal of Navin Kumar based on a disciplinary action against him by the bank.
The apex court said that the disciplinary action should not be considered as ‘initiated’ when the show cause notice was issued, but should be considered to have commenced when a charge memo was issued to respondent (Navin Kumar) by the disciplinary authority.
The court noted that the superannuation of the respondent took place on December 26, 2003, but his service was extended multiple times till October 1, 2010. Navin Kumar, however, extended it further, till October 30, 2012, when he would turn 60.
However, the court observed that the respondent should not be considered in service of SBI post October 2010.
The first show cause notice was served to the respondent on August 18, 2009, however, the charge memo was issued on March 18, 2011, effectively after the employee’s retirement, according to the apex court.
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