Union of India v. Jaiveer Sreevastava

Service Law — Disciplinary Proceedings — Initiation against former employee post-termination — Absence of enabling statutory provision — Impermissibility.

Initiation of disciplinary action against a former employee must be explicitly underpinned by specific statutory or legal provisions, particularly when the employer-employee relationship ("umbilical cord") stood severed upon termination, removal, or retirement. Rule 8 of the Central Civil Services (Pension) Rules, 2021 authorizes continuation of departmental proceedings post-retirement only if instituted while the official was in service; it does not empower the employer or Government to commence fresh disciplinary proceedings against an employee after termination or removal from service. In the absence of any enabling provision in the FACT Employees (Conduct, Discipline and Appeal) Rules, 1997 or applicable rules, charge memos issued nearly two years post-termination are legally impermissible and void. (Paras 8–11)