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    <title>2009 (5) TMI 961 - Supreme Court</title>
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    <description>Departmental proceedings validly instituted while a government servant remains in service may be continued after retirement where the governing pension rules expressly permit continuation and conclusion of the enquiry post-superannuation. Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 was treated as authorising that limited continuation when the charge memo had been issued before retirement. Delay in completing a domestic enquiry does not automatically invalidate disciplinary action; its effect depends on the facts, including whether the delay is explained and whether the employee contributed to it. On the recorded facts, the delay was not treated as fatal.</description>
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      <title>2009 (5) TMI 961 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=190665</link>
      <description>Departmental proceedings validly instituted while a government servant remains in service may be continued after retirement where the governing pension rules expressly permit continuation and conclusion of the enquiry post-superannuation. Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 was treated as authorising that limited continuation when the charge memo had been issued before retirement. Delay in completing a domestic enquiry does not automatically invalidate disciplinary action; its effect depends on the facts, including whether the delay is explained and whether the employee contributed to it. On the recorded facts, the delay was not treated as fatal.</description>
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      <pubDate>Fri, 08 May 2009 00:00:00 +0530</pubDate>
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