<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (2) TMI 2061 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=299714</link>
    <description>Disciplinary dismissal could not be imposed after superannuation unless the governing service regulations specifically authorised that penalty; an inquiry may continue after retirement, but the employee ceases to be in service on the date of superannuation. The Court also treated an unexplained delay of about seven years in issuing the charge-sheet, together with denial of pension and subsistence allowance, as rendering the proceedings unfair because the employee lacked the means to defend himself effectively. On these facts, the dismissal was without jurisdiction and the disciplinary action was held unsustainable in law.</description>
    <language>en-us</language>
    <pubDate>Thu, 15 Feb 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Sun, 26 Dec 2021 09:28:38 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=665232" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (2) TMI 2061 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=299714</link>
      <description>Disciplinary dismissal could not be imposed after superannuation unless the governing service regulations specifically authorised that penalty; an inquiry may continue after retirement, but the employee ceases to be in service on the date of superannuation. The Court also treated an unexplained delay of about seven years in issuing the charge-sheet, together with denial of pension and subsistence allowance, as rendering the proceedings unfair because the employee lacked the means to defend himself effectively. On these facts, the dismissal was without jurisdiction and the disciplinary action was held unsustainable in law.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 15 Feb 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=299714</guid>
    </item>
  </channel>
</rss>