Allahabad High Court in a case recently has held that the employer ceases its jurisdiction to initiate or continue disciplinary proceedings against an employee the moment he retires. The court, in its judgment, addressed the legality of continuing disciplinary proceedings against a retired employee.
Court quashed a disciplinary order against Mahendra Nath Sharma, a retired Senior Warehouse Superintendent, imposed by the U.P. State Warehousing Corporation where the Managing Director of the Corporation punished him and ordered the recovery of Rs.12,60,586. The allegations against Sharma pertained to negligence in record-keeping and storage of rice during his tenure.
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The court observed that Disciplinary proceedings were instituted against the petitioner with the issue of a charge sheet dated 08.11.2005, whereas the employee retired on 31st July 2009.
The court further observed that the appeal against the disciplinary order had remained pending for an “unpardonably long period” – almost nine years. After the appeal was rejected on 16.06.2019, the court proceeded to hear the writ petition.
The court emphasized that the disciplinary jurisdiction of the employer comes to an end with the end of the employer-employee relationship, upon the employee’s superannuation.
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