Kerala Co-operative Societies Act | Employer Entitled To Continue Disciplinary Proceedings Even After Retirement Of Employee
Case: S. Yadava v. Kerala State Co-Operative Bank & Ors.
Coram: Justice A.K. Jayasankaran Nambiar, and Justice Mohammed Nias C.P.
Case No.: WA NO. 727 OF 2021
Court Observation: “If the argument that the proceedings cannot continue after the retirement is accepted, any delinquent employee can commit any fraud, misappropriation, grave dereliction of duty etc., on the eve of his retirement and can plead that he is beyond the reach of the employer, which would result in such delinquent employee escaping without punishment. Law cannot allow such a course and in all those cases larger public interest must be the guiding factor to decide the case”.
“The rule therefore must be understood as one which gives the power to the bank to retain the retiral benefits only till the culmination of the disciplinary proceedings”
“…the Rules may not allow a society to initiate disciplinary proceedings after the retirement of an employee, but it certainly enables the society to continue with the disciplinary proceedings already initiated before the retirement and also speaks about the consequence of withholding the retiral benefits as long as the disciplinary proceedings continue”.
Kerala Co-operative Societies Act