Once A Person Retires From Service, Corporation Vests With No Power To Continue Departmental Proceedings: Allahabad HC
The Allahabad High Court, Lucknow Bench has held that once a person has retired from service, the corporation vests with no power to continue with the departmental proceedings.
A Single Bench of Justice Irshad Ali asserted, “Once the petitioner has retired from service on 31.12.2001, there was no authority vested in the corporation for continuing the departmental proceeding even for the purpose of imposing any reduction in the retiral benefits payable to the petitioner. In absence of such an authority, it is held that enquiry / disciplinary proceeding had lapsed and the petitioner was entitled to full retiral benefits on retirement.”
The Bench said that as the enquiry has lapsed, it is obvious that the petitioner would have to get the balance of the emoluments payable to him.
Advocate Desh Deepak Singh appeared for the petitioner while Additional Chief Standing Counsel and Advocate Balram Yadav appeared for the respondents.
In this case, a writ petition was filed seeking to quash an order with a further prayer to issue a writ, order, or direction in the nature of mandamus to release the amount of Rs.42,403/- along with interest of 14% that was illegally deducted in respect of a loan case.
After completion of service on attaining the age of superannuation, the petitioner retired from service. The petitioner claimed a parity of 60 years in parity with government employees. The writ petition was admitted and an interim order was passed.
The High Court after hearing the arguments observed, “On perusal of the case laws cited by learned counsel for the parties, it is evident that there is no provision in the Uttar Pradesh Cooperative Societies Employees Service Regulations, 1975 for initiation or continuation of disciplinary proceeding after retirement nor is there any provision stating that in case misconduct is established, a deduction could be made from the retiral benefits.”
The Court further directed the respondents to pay the allowances/post retiral benefits to the petitioner as claimed in the writ petition in accordance with the rules and regulations within a period of eight weeks.
Accordingly, the Court allowed the writ petition.
Cause Title- Virendra K Singh Chauhan v. State Of U.P. Thr. Prin Secy Co Operative and 2 Ors