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Retirement Does Not Protect Govt. Employee From Action For Misconduct During Service

In WRIT PETITION NO. 2820 OF 2019, Mrs. Padmini Nandakumar Nair vs the Honourable High Court, Bombay, the Division benchcrefused relief to a retired judicial officer in the rank of District Judge who filed a petition challenging the continuation of disciplinary proceedings against her, post- acceptance of her request for voluntary retirement.

The Bombay High Court held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. The legal position as regards the institution / continuation of disciplinary proceedings after the retirement of an employee, seems to have been crystallised to the effect that the employer can institute/continue the disciplinary proceedings against an employee who has retired, provided the rules which govern the services of the employee permit such a course of action.

Article referred: https://www.livelaw.in/news-updates/retirement-does-not-protect-employee-from-action-for-misconduct-during-service-bombay-hc-145675

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