DEV PRAKASH TEWARI versus U.P. COOPERATIVE INSTITUTIONAL SERVICE BOARD, LUCKNOW & ORS

DEV PRAKASH TEWARI versus U.P. COOPERATIVE INSTITUTIONAL SERVICE BOARD, LUCKNOW & ORS

In the absence of any provision in the Uttar Pradesh Cooperative Employees Service Regulations, 1975 for continuation of disciplinary proceedings after retirement or for deduction from retiral benefits, disciplinary proceedings lapse upon retirement and the employee is entitled to full retiral benefits.

Parties
Appellant: Dev Prakash Tewari; Respondent: U.P. Cooperative Institutional Service Board, Lucknow & Ors
Jurisdiction
India
Judgment Date
30 June 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Review Petition
Outcome
Appeals allowed
Legal Topics
Disciplinary Proceedings, Retirement, Retiral Benefits
Service Law Disciplinary Proceedings Retirement Retiral Benefits

Case Brief

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Parties

Dev Prakash Tewari

Appellant

U.P. Cooperative Institutional Service Board, Lucknow & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Review Petition

Legal Issues

  1. 1 Whether disciplinary proceedings can continue after retirement under the Uttar Pradesh Cooperative Employees Service Regulations, 1975
  2. 2 Whether any deduction from retiral benefits is permissible upon misconduct established after retirement

Ratio Decidendi

In the absence of any provision in the Uttar Pradesh Cooperative Employees Service Regulations, 1975 for continuation of disciplinary proceedings after retirement or for deduction from retiral benefits, disciplinary proceedings lapse upon retirement and the employee is entitled to full retiral benefits.

Court Disposition

Appeals allowed

Orders

  • Judgment and order of the High Court set aside
  • Respondents directed to pay arrears of salary and allowances to appellant