Supreme Court Upholds Conviction as Husband Failed to Explain Wife’s Death in Matrimonial Home  ||  Supreme Court: Crime Scene Re-Enactment Does Not Always Violate Right Against Self-Incrimination  ||  Supreme Court: Cognizance Taken Without Hearing Accused under BNSS Section 223 is Void Ab Initio  ||  Supreme Court Upholds Will in Sister’s Favour, Says Excluding Natural Heirs is Not Suspicious  ||  Delhi HC: Absence of Public Witnesses and Videography in NDPS Recovery Relevant for Bail Decisions  ||  Raj HC Initiates Suo Motu Cognizance Over Severe Water Crisis in Jodhpur, Issues Interim Directions  ||  Del HC: Courts Cannot Direct, Monitor Inquiry Into Police Delay in Investigation After Bail Decision  ||  Supreme Court: After the BNSS, a Pre-Cognizance Hearing is Mandatory in PMLA Cases  ||  SC: Landowners Cannot be Forced to Waive Statutory Compensation to Claim Other Benefits  ||  Supreme Court: Banks are Lenient With Big Borrowers But Strict With Ordinary Loan Applicants    

Prabhakar v. The State of Maharashtra and Ors. - (High Court of Bombay) (01 Aug 2016)

Departmental Enquiry cannot be proceeded/continued after attaining superannuation age in absence of any provision Withholding of the gratuity can therefore be only if there be the provisions for withh

MANU/MH/1323/2016

Service

It is the case of the petitioner that he has rendered more than 32 years of service with unblemished record. His performance has been appreciated by Respondents. Show cause notice was issued by alleging that Petitioner supplied fertilizers in excess to Venkatesh Agency, Parbhani, who was defaulter instead of supplying the same to old and active distributor. Present Petition is filed praying for quashing proceedings of departmental enquiry initiated against the petitioner in view of his retirement, as there is no provision or rule for continuing the enquiry after retirement. Further, prayer for direction to Respondents to release all retiral benefits to him arising out of 6th Pay Commission recommendation with arrears and legal dues such as gratuity, leave encashment, provident fund, etc.

Gratuity is a terminal benefit and is subject to the terms and conditions. Withholding of the gratuity can therefore be only if there be the provisions for withholding it in the Act or if there being any service condition which so provide. A person cannot be charged for a misconduct, if it does not constitute a misconduct within the definition of misconduct either in terms of the standing order or the service regulations. In absence of any statutory provisions for continuing the enquiry, ratio of Bhagirathi Jena's case which has directly dealt with the issue would be applicable. Enquiry therefore against Petitioner after his superannuation in absence of a provision to continue enquiry is without authority of law."

In present case also, Petitioner stood retired from the service when enquiry was pending. Enquiry cannot be proceeded/continued after attaining the age of superannuation in the absence of any provision to that effect. While allowing present petition, High Court quashed departmental enquiry and issued pursuant to inquiry report against the petitioner

Relevant : Mr. Dhairyasheel A. Jadhav v. Maharashtra Agro Industrial Development Corporation Ltd. Bhagirathi Jena v. Board of Directors, O.S.F.C. and others MANU/SC/0260/1999 : 1999 (2) SCR 354

Tags : DEPARTMENTAL ENQUIRY   VALIDITY   SUPERANNUATION AGE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved