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2008 (3) TMI 656 - SC - Indian LawsInitiation of disciplinary proceedings against employee - Held that:- Drawing up of a charge sheet is the condition precedent for initiation of a disciplinary proceedings. Ordinarily no disciplinary proceedings can be continued in absence of any rule after an employee reaches his age of superannuation. A rule which would enable the disciplinary authority to continue a disciplinary proceedings despite the officers reaching the age of superannuation must be a statutory rule. A’ fortiori it must be a rule applicable to a disciplinary proceedings. There cannot be any doubt whatsoever that the employer may take resort to a preliminary inquiry, but it will bear repetition to state that the same has a limited role to play. But, in absence of the statutory rules operating in the field, resorting to a preliminary enquiry would not by itself be enough to hold that a departmental proceeding has been initiated.Initiation of a disciplinary proceeding may lead to an evil or civil consequence. Thus, in absence of clear words, the court must lean in favour of an interpretation which has been applied by this Court in Workmen of M/s. Firestone Tyre and Rubber Co. of India (P) Ltd. v. Management and Others [1973 (3) TMI 134 - SUPREME COURT] wherein held that Section 11-A of the Industrial Disputes Act must be interpreted in the light of the legal principles operating in the field. Thus it is not a fit case where we should exercise our jurisdiction. W.P. dismissed.
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