Departmental Proceedings Cannot Be Continued Post Retirement In The Absence Of Specific Provision: Orissa High Court

During the employment of the petitioner, departmental proceedings were initiated against him under Rule 22 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974. However, the same was never finalized until his superannuation. After perusal of the said Rules, the Hon’ble Orissa High Court in W.P. (C) No. 4066 of 2016 noted the absence of any specific provision and held that as the proceedings could not be completed during the petitioner’s service, the same cannot continue to his detriment after his superannuation.