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T.N.SIVADASAN, S/O.NARAYANAN versus KERALA STATE ELECTRICITY BOARD

High Court of Kerala

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T.N.SIVADASAN, S/O.NARAYANAN v. KERALA STATE ELECTRICITY BOARD - WP(C) No. 1481 of 2004(B) [2007] RD-KL 10233 (13 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1481 of 2004(B)

1. T.N.SIVADASAN, S/O.NARAYANAN,
... Petitioner

Vs

1. KERALA STATE ELECTRICITY BOARD,
... Respondent

2. THE DEPUTY CHIEF ENGINEER,

3. THE EXEUTIVE ENGINEER,

For Petitioner :SMT.T.D.RAJALAKSHMI

For Respondent :SRI.K.S.ANIL, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :13/06/2007

O R D E R

KURIAN JOSEPH J. W.P.(C) No.1481 of 2004 Dated 13th June, 2007.

J U D G M E N T

The simple question raised in this writ petition is whether there can be punishment after the retirement of an employee. Learned counsel for the respondent Board submits that the punishment of barring of one increment is imposed, based on a disciplinary action initiated prior to the retirement. Even if the action is initiated prior to the retirement, there can be no punishment after the retirement since the employer-employee relationship had already been severed. The only permissible action is to recover loss if any, owing to the wrong conduct of the employee. That is not what is done in this case. The impugned orders are hence quashed. The amounts, if any withheld shall be disbursed within two months from the date of production of a copy of the judgment. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs OP NO. 2

KURIAN JOSEPH, J.

O.P. NO. OF 2003

J U D G M E N T

Dated 13th June, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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