• Can the delinquent employee be dismissed just one day before retirement?

An office superintendent was charge sheeted. All allegations were proved correct at the enquiry held against him. It is a case of misappropriation embezzlement and no maintenance of account books. He is to retire on April 2019. What is to be done? Today is 19.04.2019.
Asked 6 years ago in Labour

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7 Answers

He can appeal against the said order before Appeallate authority in office or challenge the same under writ petition in hc. 


You have not stated he has admitted its only stated it has been proved by them.  If admitted willingly then there is no defence left unless stating that the admission was not voluntary

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Dear Client,

Disciplinary proceedings cannot be Initiated or Continued after Retirement. He has been charge sheeted so what ever action or order will pass must before retire.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. Disciplinary action can be taken on him any day without considering his date of etirement.

 

2. I am aware of a case wherein a PSU Branch Manager was dismissed the day he was going to retire. 

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

Hi, the criminal offence can still me made out against him .. The time period from which the offence has taken place has to be considered 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

  1. Once a person has been held for offence then there is no limitation or any restriction over to take any action against him.
  2. Yes, as he has all the evidences against him, he can be surely dismissed subject to the saving all his retirement benefits till the final disposal of the case against him.
  3. If he will be held guilty by the appellate court also then he may not be allowed to take any retirement benefits thereafter.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

There is no bar or restriction in law  in dismissing or terminating the services of an employee just before his superannuation/retirement.

The delinquent employee  can approach  high court or CAT seeking an injunction or stay of dismissal order.

T Kalaiselvan
Advocate, Vellore
90037 Answers
2498 Consultations

He can surely be dismissed a day before the retirement.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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