Close Menu
    Facebook X (Twitter) Instagram
    • Our Story
    • Partner with us
    • Reach Us
    • Career
    Subscribe Newsletter
    HR KathaHR Katha
    • Exclusive
      • Exclusive Features
      • Perspectives
      • Friday Features
      • herSTORY
      • Case-In-Point
      • Point Of View
      • Research
      • HR Pops
      • Dialogue
      • Movement
      • Profile
      • Beyond Work
      • Rising Star
      • By Invitation
    • News
      • Global HR News
      • Compensation & Benefits
      • Diversity
      • Events
      • Gen Y
      • Hiring & Firing
      • HR & Labour Laws
      • Learning & Development
      • Merger & Acquisition
      • Performance Management & Productivity
      • Talent Management
      • Tools & Technology
      • Work-Life Balance
    • Special
      • HR Forecast 2026
      • Cover Story
      • Editorial
      • HR Forecast 2024
      • HR Forecast 2023
      • HR Forecast 2022
      • HR Forecast 2021
      • HR Forecast 2020
      • HR Forecast 2019
      • New Age Learning
      • Coaching and Training
      • Learn-Engage-Transform
    • Magazine
    • Reports
      • Whitepaper
        • HR Forecast 2024 e-mag
        • Future-proofing Manufacturing Through Digital Transformation
        • Employee Healthcare & Wellness Benefits: A Guide for Indian MSMEs
        • Build a Future Ready Organisation For The Road Ahead
        • Employee Experience Strategy
        • HRKatha 2019 Forecast
        • Decoding and Driving Employee Engagement
        • One Platform, Infinite Possibilities
      • Survey Reports
        • Happiness at Work
        • Upskilling for Jobs of the Future
        • The Labour Code 2020
    • Conferences
      • Leadership Summit 2025
      • Rising Star Leadership Awards
      • HRKatha Futurecast
      • Automation.NXT
      • The Great HR Debate
    • HR Jobs
    WhatsApp LinkedIn X (Twitter) Facebook Instagram
    HR KathaHR Katha
    Home»News»IR & Labour Laws»Can’t ask employee to retire amid pending departmental proceedings: Patna HC
    IR & Labour Laws

    Can’t ask employee to retire amid pending departmental proceedings: Patna HC

    Patna HC ordered the reinstatement of an employee who was made to retire compulsorily based on charges leveled against him while the departmental proceeding was still pending
    HRK News BureauBy HRK News BureauDecember 4, 2024Updated:December 4, 20242 Mins Read10182 Views
    Share LinkedIn Twitter Facebook WhatsApp
    Pensionary benefits
    Share
    LinkedIn Twitter Facebook WhatsApp

    When departmental proceedings are still pending against an employee, they cannot be made to retire compulsorily simply based on the charges labeled against them said the Patna High Court.

    The case involved Mehfooz Alam, a Class-III employee employed at the Governor’s Secretariat, Bihar as a daily wager in 1991 and later regularised as a lower division clerk (LDC)in 2008. In 2017, he was served with allegations and then a charge sheet in 2018. Four months after the charge sheet he was mandatorily asked to retire while the departmental proceedings were still underway. Not only was the retirement order premature, the Court ruled that such a retirement was not justified under Rule 74 of the Bihar Service Code.

    The Division Bench comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy affirmed the decision of the Single Bench ruling that it would be wrong and unfair to force an employee to retire based on the charges levelled against them while departmental proceedings were pending.

    As per the Patna HC, compulsory retirement can only be ordered based on the authorities’ subjective satisfaction. With proceedings still pending there is no way the authorities could have developed a subjective satisfaction to mandate retirement.

    The Patna HC also referred to the Rajasthan State Road Transport Corporation judgment, asserting that compulsory retirement can only be ordered on the basis of overall performance and not on particular accusations that are still being investigated.

    Bihar Secretariat Chandran charge sheet Chief Justice K Vinod Chandran compulsorily retired Compulsory retirement Daily wage departmental proceedings Employee employer Governor's Secretariat HR Human Resources Justice Partha Sarthy LDC Lower Division Clerk Mehfooz Alam Partha Sarthy Patna HC Patna High Court Rajasthan State Road Transport Corporation reinstatement of employee subjective satisaction Workforce
    Share. LinkedIn Twitter Facebook WhatsApp
    HRK News Bureau

    Leave A Reply Cancel Reply

    Related Posts

    Former Intel employee sues over dismissal linked to return-to-office mandate

    July 10, 2026

    Goldman Sachs bars employees from prediction market bets linked to finance and politics

    July 10, 2026

    TCS adds over 9,200 employees in Q1, records strongest hiring in nearly four years

    July 10, 2026

    PwC launches voluntary exits in UK audit business

    July 10, 2026
    Editorial

    You outsourced the creche. Not the responsibility

    There is a particular kind of trust between an employer and an employee who leaves…

    Every IPO tells two stories

    Someone I know spent eight and a half years building the research function at a…

    EDITOR'S PICKS

    When “vibe shift” meets “let’s circle back”

    July 10, 2026

    herSTORY: Priyanka Mohanty, VP-HR & Global Head-Talent Management, Startek

    July 9, 2026

    Case-in-Point: The team celebrated. One teammate couldn’t

    July 9, 2026

    One in three entry-level tasks are now done by AI. The first job is being reinvented

    July 8, 2026
    Latest Post

    Former Intel employee sues over dismissal linked to return-to-office mandate

    News July 10, 2026

    A former Intel employee has filed a lawsuit against the chipmaker, alleging he was dismissed…

    Goldman Sachs bars employees from prediction market bets linked to finance and politics

    News July 10, 2026

    Goldman Sachs has updated its personal trading policy to prohibit employees from participating in prediction…

    TCS adds over 9,200 employees in Q1, records strongest hiring in nearly four years

    News July 10, 2026

    Tata Consultancy Services (TCS) added 9,279 employees on a net basis during the first quarter…

    PwC launches voluntary exits in UK audit business

    News July 10, 2026

    PwC has introduced targeted voluntary redundancies within its UK audit practice, becoming the latest Big…

    Asia's No.1 HR Platform

    Facebook X (Twitter) Instagram LinkedIn WhatsApp Bluesky
    • Our Story
    • Partner with us
    • Career
    • Reach Us
    • Exclusive Features
    • Cover Story
    • Editorial
    • Dive into the Future of Work: Download HRForecast 2024 Now!
    © 2026 HRKatha.com
    • Disclaimer
    • Refunds & Cancellation Policy
    • Terms of Service

    Type above and press Enter to search. Press Esc to cancel.