Voluntary Retirement
M.Sahul Hameed
(Querist) 11 January 2009
This query is : Resolved
1. what is the effect of giving voluntairy retirement during pendency of departmental enquiry?
2. Departmental enquiry conduct by the management of the compay?
3. what is effect of giving medical leave during enquiry? Leave was rejected.
4. if voluntary retirement is accepted by the management but not completed enquiry, what benefits the employee is entitled to?
H. S. Thukral
(Expert) 24 February 2009
If the proceedings are initiated during service the same should be allowed to meet the logical end. The relationship of employer and employee does not cease on retirement till all the retiral benifits are paid and therefore if the relationship subsists then there is no bar in holding and continuing departmental proceedings unless some rules made in this respect forbid so.
I havee come across some diverse opinions of the Hon'ble Curts in this regard. May I suggest you to go through the latest ruling of the SC in the matter of
Uttar Pradesh State Sugar Corporation Limited and Others v Kamal Swaroop Tondon
decided on 18 Jan 2008
A. A. JOSE
(Expert) 12 March 2009
Whether to accept the application for VR is entirely left to the Management and there is every likelihood that they may not accept VR during pendency of departmental proceedings.
Hiralal Das
(Expert) 08 April 2009
My Ld. Friend Mr. Thukral, if possible please inform the citation of this judgment which you have mentioned in your valuable opinion.
Thanks all of you.
