Case Note & Summary
The appellant, Bangalore Electricity Supply Company Limited (BESCOM), filed a writ appeal against an order dated 11.07.2024 passed by a learned Single Judge in Writ Petition No.15013/2024. The respondent, Smt. Malathi B, had filed the writ petition seeking direction to BESCOM to pay her retirement benefits including gratuity, leave encashment, and other pensionary benefits with interest from the date of retirement. The benefits were withheld because a show cause notice was issued to her in 2019, but disciplinary proceedings had not been commenced. The learned Single Judge found that retiral benefits could not be withheld as disciplinary proceedings had not commenced. BESCOM appealed, arguing that under Regulation 16 of the Karnataka Electricity Board Employees Service Regulations, 1997, disciplinary proceedings can be initiated after retirement. The Division Bench allowed the appeal, set aside the Single Judge's order, and remanded the matter for fresh consideration, directing the Single Judge to examine whether disciplinary proceedings could be initiated after retirement under the applicable regulations.
Headnote
A) Service Law - Retiral Benefits - Withholding of Benefits - Disciplinary Proceedings - The court considered whether retiral benefits could be withheld when disciplinary proceedings had not been commenced before retirement - Held that the learned Single Judge erred in directing payment of retiral benefits without considering the employer's right to initiate proceedings after retirement under Regulation 16 of the Karnataka Electricity Board Employees Service Regulations, 1997 (Paras 1-3).
Issue of Consideration
Whether the respondent is entitled to retiral benefits despite a show cause notice issued before retirement, and whether disciplinary proceedings can be initiated after retirement under the applicable regulations.
Final Decision
The appeal is allowed. The impugned order dated 11.07.2024 is set aside. The writ petition is restored to the file of the learned Single Judge for fresh consideration. The learned Single Judge is requested to examine the matter afresh, including the question whether disciplinary proceedings can be initiated after retirement under Regulation 16 of the Karnataka Electricity Board Employees Service Regulations, 1997. All contentions are kept open.
Law Points
- Retiral benefits cannot be withheld if disciplinary proceedings not commenced before retirement
- Disciplinary proceedings can be initiated after retirement under Regulation 16 of the Karnataka Electricity Board Employees Service Regulations
- 1997
