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of <h1>Validity of disciplinary proceedings post-retirement upheld, employer-employee relationship paramount</h1> <h3>U.P. State Sugar Corporation Ltd. & ORS. Versus Kamal Swaroop Tondon</h3> The Supreme Court upheld the validity of disciplinary proceedings initiated before an employee's retirement, emphasizing the employer-employee ... - Issues Involved:1. Legality of initiating disciplinary proceedings post-retirement.2. Validity of orders for recovery of financial loss from retiral benefits.3. High Court's jurisdiction under Article 226 of the Constitution.Detailed Analysis:Legality of Initiating Disciplinary Proceedings Post-Retirement:The appellant-Corporation issued a show cause notice to the respondent-employee on January 13, 2000, before his retirement on January 31, 2000. The respondent argued that since he retired on January 31, 2000, no proceedings could be initiated against him post-retirement. The High Court agreed, quashing the disciplinary proceedings and subsequent orders. However, the Supreme Court held that the proceedings were valid as they were initiated while the respondent was still in service, emphasizing that the relationship of employer and employee continues until all retiral benefits are paid.Validity of Orders for Recovery of Financial Loss from Retiral Benefits:The Corporation issued orders on March 24, 2001, and April 26, 2005, to recover financial losses from the respondent's gratuity and leave encashment due to his alleged negligence. The High Court quashed these orders, but the Supreme Court referred to several precedents, including *Garment Cleaning Works, Bombay v. Workmen* and *State of Uttar Pradesh v. Brahm Datt Sharma*, affirming that recovery from pension and gratuity for financial loss caused by an employee's negligence is permissible. The Supreme Court concluded that the Corporation's actions were within its rights under the U.P. State Sugar Corporation Ltd. General Service Rules, 1988.High Court's Jurisdiction under Article 226 of the Constitution:The Supreme Court criticized the High Court for exercising its discretionary and equitable jurisdiction under Article 226 to quash the proceedings. It reiterated that such jurisdiction should be exercised to correct grave injustices, not merely procedural errors, referencing *Veerappa Pillai v. Raman & Raman Ltd.* and *Sangram Singh v. Election Tribunal, Kotah*. The Supreme Court held that the High Court overstepped by intervening in a matter where the Corporation's actions were legally justified.Conclusion:The Supreme Court set aside the High Court's order, allowing the appeal and remitting the matter back to the High Court for a decision on merits. The Supreme Court clarified that it had not expressed any opinion on the merits of the case, and the High Court should decide without being influenced by the Supreme Court's observations. Both parties were directed to bear their own costs.
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