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2023 August 2023 Latest Legal

Notice for inquiry sent on whatsapp on the date of retirement

August 9, 2023 legaldeli

Judgment dated 8.8.2023 of the High Court of Bombay

Unheard and unthinkable – Whatsapp inquiry notice on the date of Retirement

The petitioner joined the United Insurance Company on 24.4.1985 as typist and promoted from time to time to the post of Senior Branch Manager.

After 36 years of service, on 30.6.2021, when the petitioner was to retire on superannuation, shockingly, a whatsapp notice was issued to show cause as to why departmental inquiry should not be initiated against him for non-production of the caste validity certificate.

The petitioner had challenged the said notice as illegal.

Surprisingly the Insurance Company had taken the stand that the show cause notice was issued at 2.14 pm i.e. before 5.00 pm and hence, the show cause notice was served upon the petitioner well before his retirement which precludes to disciplinary action. The notice was, therefore, maintainable as per Section 25 of the United India Insurance Company (Conduct, Discipline and Appeal) Rules, 2014.

HELD that the pension and pensionary benefits can be withheld if departmental inquiry is initiated and pending against the employee on the date of retirement, that the inquiry can be considered as initiated on the date on which the statement of charges is issued to the pension and therefore, the notice is illegal.

Writ Petition No.2539 of 2021 – Narendra K. Kumbhare Vs. Union of India and others (Nagpur Bench)

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