The Supreme Court has recently come to the observation that the superannuation of an employee does not absolve him from the misconduct committed in the offence of discharge of his duties. The bench comprising Justices Ajay Rastogi and AS Oka was considering Special Leave Petition assailing Patna High Court’s order which was dated 11th May 2010.
In the judgment, the High Court had upheld the Tribunal’s finding in which it was observed that the punishment that was awarded to the respondent who was an employee of dismissal was not at par with the charges levelled against him. The tribunal whilst upholding the allegations that were levelled against the respondent with respect to the inquiry that was conducted, it was stated that the punishment of dismissal with an order of reinstatement post lowering down two stages in his basic salary that he was receiving at the time of dismissal. It was also stated that there would be no payment of salary and allowances for that period of his suspension, except payment of his subsistence allowance.
