Retirement benefits reduction to be decided by the disciplinary authority: Kerala HC

Retirement benefits reduction to be decided by the disciplinary authority: Kerala HC

Kerala High Court in A.G.Dinesh vs. The Kerala State Electricity Board Limited W.P.C No. 9290/2021,on September 26, 2022, observed that once the punishment of compulsory retirement is imposed on an employee it would be impermissible for the employer to re-appreciate the facts of the case for reducing the pension and gratuity of the said employee as the same would amount to double jeopardy. The Court further observed that the question as to whether in a case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment and a decision has to be taken by the authority at the time of imposition of penalty itself.

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