Chairman- cum-Managing Director, Mahanadi Coalfields Limited Versus Sri Rabindranath Choubey
Supreme Court of India (Single Judge)
Appeal (Civil), 9693 of 2013, Judgment Date: May 27, 2020
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9693 OF 2013
ChairmancumManaging Director, Mahanadi Coalfields Limited ...Appellant
Versus
Sri Rabindranath Choubey ...Respondent
J U D G M E N T
M.R. SHAH, J.
The short but interesting questions of law which fell for consideration of this Court are, (i) as to whether is it permissible in law for the appellant (employer) to withhold the payment of gratuity of the respondent (employee), even after his superannuation from service, because of the pendency of the disciplinary proceedings against him?, and (ii) where the departmental enquiry had been instituted against an employee while he was in service and continued after he attained the age of superannuation, whether the punishment of dismissal can be1 imposed on being found guilty of misconduct in view of the provisions made in Rule 34.2 of the CDA Rules of 1978?