State Bank Of India vs Navin Kumar Sinha 2024 INSC 874 - Disciplinary Proceedings

Disciplinary Proceedings - A departmental proceeding is not initiated merely on issuance of a show cause notice. It is initiated only when a chargesheet is issued because that is the date of application of mind on the allegations levelled against an employee by the competent authority- A subsisting disciplinary proceeding i.e. one initiated before superannuation of the delinquent officer may be continued post superannuation by creating a legal fiction of continuance of service of the delinquent officer for the purpose of conclusion of the disciplinary proceeding- But no disciplinary proceeding can be initiated after the delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service- Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding. (Para 22-31)