Jharkhand High Court in Pramod Kumar Sinha v. Chairman, Coal India Ltd. & Ors. (W.P.(S) No. 4411 of 2020 and W.P.(S) No. 1595 of 2021) held that premature retirement on disputed records during the pendency of an enquiry without due process amounts to misconduct by the enquiry officers as it prejudices the employer’s interest. The case involved an employee whose date of birth was recorded as two years earlier than the one presented by the employee, leading to a departmental enquiry. Subsequently, the enquiry officers, relying on service rules, recommended treating him as already superannuated, dropped the pending enquiry with a direction to provide him with retirement benefits. The Court observed that the service rules, which bar continuation of an enquiry after natural superannuation, cannot be invoked to justify forced retirement during pending proceedings based on disputed records. By hastily recommending immediate retirement and dropping the enquiry, the enquiry officers acted with undue leniency, thereby depriving the employer of the opportunity to complete the enquiry and impose disciplinary action. Subsequently, the Court held that their conduct amounted to misconduct as it was detrimental to the employer’s interests. Finding no illegality or perversity in the disciplinary orders, the Court upheld the penalty imposed on the enquiry officers.
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