N K T NATIONAL COLLEGE OF EDUCATION FOR WOMEN Vs. JOINT DIRECTOR OF COLLEGIATE EDUCATION CHENNAI REGION

JUDGEMENT

(1.) THE Management of a College governed by the Tamil Nadu Private Colleges (Regularized) Act (-the Act- in short) issued show cause notice, conducted an enquiry and decided that the second respondent should be dismissed from service in view of proved grave misconduct. THErefore, they applied for prior approval. Approval was not given, but the order did not indicate whether the authorities had applied their mind to the proved misconduct.

(2.) A vexed question that arises often before us is the right of the employer to proceed against the employee after the retirement.

(3.) THE learned Single Judge concluded that it was the appellant who was at fault for not bringing it to the notice of the Court that the respondent had retired on 30-04-2003 and that the first respondent was justified in refusing the approval.