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Dismissal with retrospective effect.

(Querist) 15 December 2012 This query is : Resolved 
An employee of a cooperative society was relieved from duty on attaining age of superannuation on 31/05/2009 without prejudice to the disciplinary action pending against.On 05/12/2012 the disciplinary action was disposed with the punishment of termination from service with retrospective effect from 30/05/2009.Is retrospective termination valid? If not to whom the case to be filed?
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Guest (Expert) 15 December 2012
Totally invalid. Any penalty as a measure of disciplinary action cannot be made effective from the date earlier that the date of issue of penalty order.
Raj Kumar Makkad (Expert) 15 December 2012
I do endorse the views of ld. Dhingra g.
Sudhir Kumar, Advocate (Expert) 15 December 2012
Illegal
Devajyoti Barman (Expert) 15 December 2012
Yes I do agree as well...
Isaac Gabriel (Querist) 17 December 2012
Thank you experts for having spared valuable time to answer my doubt.
Guest (Expert) 17 December 2012
You are welcome.
Raj Kumar Makkad (Expert) 18 December 2012
You are most welcome Isaac.

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