What is the legal sustainability of continuing the proceedings after the retirement of the delinquent?
14. What is the legal sustainability of continuing the proceedings after the
retirement of the delinquent?
This question came up for consideration of the Supreme Court in the case of D V
Kapoor Vs. union of India [1990 AIR 1923, 1990 SCR (3) 697, 1990 SCC (4) 314,
JT 1990 (3) 403] and the Hon’ble Supreme Court had ruled as under:
In the instant case, merely because the appellant was allowed to retire, the
Government is not lacking jurisdiction or power to continue the proceedings
already initiated to the logical conclusion thereto. The only inhibition is that
where the departmental proceedings are instituted by an authority subordinate
to the President, that authority should submit a report recording its findings to
the President. That has been done, and the President passed the order under
challenge. Therefore, the proceedings are valid in law and are not abated
consequent to voluntary retirement of the appellant and the order was passed
by the competent authority, i.e. the President of India