Disciplinary Proceedings Against Retired Employees Not Allowed Unless Empowered By Statute: Allahabad High Court

Posted On - 14 March, 2024 • By - King Stubb & Kasiva

The Allahabad High Court in WRIT – A No. – 4338 of 2019, has ruled that the employer cannot initiate or continue disciplinary proceedings against a retired employee unless specifically authorized by statute. The court emphasized that extended disciplinary jurisdiction over retired employees can only be exercised through statutory provisions, not otherwise. The High Court observed that disciplinary jurisdiction ceases upon an employee’s retirement as per the general principle, and such jurisdiction can only be extended post-retirement if provided for in the statute governing the employee’s service conditions. Since no such provision existed in the Corporation’s Regulations, the Court quashed the orders imposing punishment and rejecting the petitioner’s appeal.