Termination Of Service After Employee's Retirement Unknown To Law In Absence Of Pending Departmental Proceedings: Patna High Court

The Patna High Court ruled that a delinquent employee is deemed to be in service even after reaching the age of superannuation if a valid departmental proceeding was initiated before retirement. The court emphasized that the termination of service after retirement is not permissible unless a charge-sheet was submitted before the employee’s retirement. This decision came in a case where the Water Resources Department halted the pension of an employee four years after his retirement, citing issues with his initial appointment. The court ruled in favor of the petitioner, highlighting the importance of adhering to procedural requirements and protecting the rights of retired employees.