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Misconduct Punishment post Resignation

Bombay High Court had held that retirement is not a bar on appointing authority to initiate proceedings for misconduct during employment

1. Petition was filed challenging the continuity of the disciplinary proceedings post acceptance of voluntary retirement;

2. While deciding the issue, HC has held that retirement does not completely preclude the appointing authority to initiate disciplinary proceedings for misconduct during subsistence of service.

3. However punitive action in such cases is restricted to withdrawal or withholding of the pension.

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