Disciplinary proceedings can continue even after retirement of cooperative society employees: HC

Kerala High Court | Photo: Mathrubhumi Archives

Kochi: The Kerala High Court has ruled that disciplinary proceedings against Kerala cooperative society employees can continue even after retirement, and retiral benefits need not have to be released until proceedings are completed.

Judges AK Jayasankaran Nambiar and Mohammed Nias CP made the ruling while dismissing the writ appeal filed by Kasaragod native S Yadav. The petitioner who retired from the cooperative bank moved the plea against disciplinary proceedings.

As per Rule 198(7) under Kerala Co-operative Societies Act and Rules, disciplinary action can be taken against any retired official over irregularities.

Yadav was a bank manager. He is facing court proceedings for sanctioning a loan after valuing the mortgaged property at a high price than the normal rate. He was suspended from service in 2020.

Later, the court removed some charges against him, but retiral benefits were withheld during his retirement. Yadav filed a plea against it and a single bench of the High Court dismissed the same. Following that, he filed a writ appeal.

Meanwhile, issuing the order the court pronounced that,” since the employee had retired on May 31, 2020, it would be in the best interest of the appellant to direct the employer to complete the disciplinary proceedings, as expeditiously as possible, at any rate, within an outer time limit of six months from the date of receipt of a copy of this judgment.”

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