PRASANNA KUMAR HAZARIKA Vs. OIL INDIA LTD

JUDGEMENT

(1.) Heard Mr N.M. Lahiri, learned senior counsel for the petitioner and Mr S.N. Sarma, learned counsel for the respondent Oil India Limited.

(2.) The case of the petitioner is that the petitioner retired from Oil India Limited on 31/12/1996 and on the date of retirement the petitioner was served with Annexure- 3 letter dated 31/12/1996 which reads as follows:-

(3.) There is no dispute at the Bar that the petitioner retired from service on 31.12.1996 and on that date no disciplinary proceeding was pending against him. However, the respondents informed him about contemplation of disciplinary proceeding. From the show cause notice it is seen that the same has been issued in view of Rule 25 of the Company's Rules, 1982. The question that arises for consideration is whether the said rule provides for contemplation/initiation of disciplinary proceeding after the retirement of an employee of the Oil India Limited. Admittedly, there was no such provision under the rules, at the relevant time. Rule 30B was brought on record with effect from 5.11.99 and it reads as follows:-