Supreme Court: Air Force Group Insurance Society qualifies as ‘State’ under Article 12  ||  SC: Anganwadi Workers With Degrees Are Eligible For The 29% Quota For Supervisors in Kerala  ||  SC: Giving Accused the Option of Search Before a Police Officer Breaches Section 50 of the NDPS Act  ||  Gujarat HC: Person is Entitled to Compensation For Injury or Death Within Railway Station Premises  ||  Delhi HC: PMLA Can Apply Even if the Scheduled Offence Occurred Before the Law Came Into Force  ||  J&K&L HC: Accused Can Admit Evidence Recorded under Section 299 Crpc After Appearing in Court  ||  J&K&L HC: District Judge Serving as Reference Court under Land Acquisition Act Acts as a Civil Court  ||  Del HC: Subsequent Bail Pleas From Same FIR Should Usually Go Before the Judge Who Denied the First  ||  J&K&L HC: Vaishno Devi Shrine Board, Despite Statutory Status, is Not a ‘State’ under Article 12  ||  SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation    

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

MANU/MH/1323/2016

Service

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

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

Tags : DEPARTMENTAL ENQUIRY   VALIDITY   SUPERANNUATION AGE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved