R P NAIR Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) These writ appeals were referred to a Full Bench to consider the question whether disciplinary proceedings started while an employee was in service can be continued after his retirement or termination of service. As the question has important and far reaching effects on the service conditions of employees and disciplinary proceedings to be pursued against them, it was felt desirable and necessary that the matter should be considered and pronounced upon by a Full Bench. We shall first examine the facts in W. A. No. 294 of 1974 in which the main arguments were advanced.

(2.) On behalf of the petitioner two contentions were raised: first that the petitioner having already retired on 30-7-1970 the proceedings commenced against him while in service could not be continued either under the Regulations of 1969 or under the Disciplinary Proceedings Tribunal Rules, (the Tribunal Rules, for short). Next, that in any event the Board, under the Regulations, is the competent authority to decide the question of referring the case to the Disciplinary Tribunal and of requesting the Government to formally make the reference; and that no such decision by the Board and no request to the Government to formally make the reference had been formed or made in compliance with the Regulations.

(3.) R.2 of the Regulations states that these rules apply to all regular employees in the service of the Board.