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Employer cannot initiate disciplinary action against a dismissed employee, rules HC

Quashes three chargesheets issued by the Punjab State Civil Supplies Corporation against a former inspector who had been fired from service in 2013

3 min readChandigarhNov 12, 2025 12:06 AM IST

Punjab and Haryana High Court, Punjab State Civil Supplies Corporation, disciplinary action against dismissed employee, Indian express news, current affairs

The court also rejected the claim that the dismissal order was sub judice in a civil suit, noting that the corporation became functus officio – without further authority – on disciplinary matters once dismissal was ordered.

The Punjab and Haryana High Court has quashed three chargesheets issued by the Punjab State Civil Supplies Corporation against a former inspector who had been dismissed from service in 2013, holding that an employer cannot initiate fresh disciplinary proceedings after the relationship of master and servant stands “irrevocably severed”.

In a verdict pronounced on November 7, Justice Harpreet Singh Brar allowed the writ petition filed by Suresh Jindal, an Inspector (Grade-2) sacked on October 31, 2013, following his conviction under the Prevention of Corruption Act. The corporation had issued charge sheets in April and July 2017 – nearly four years after the sacking – alleging financial irregularities.

“It transpires that when the order dated 31.10.2013 was passed by the respondent, it snapped the vinculum juris, the master-servant relationship, between the petitioner and the respondent-Corporation,” the court observed.

The bench relied on Supreme Court rulings to underline that disciplinary jurisdiction is contingent on a subsisting employment relationship. Quoting a three-judge bench in Indian Bank v. Mahaveer Khariwal (2021), it noted: “all other subsequent proceedings of departmental enquiry will be null and void and shall be non est, as after the voluntary retirement, there shall not be an employer-employee relationship.”

A similar view was reiterated in State Bank of India vs. Navin Kumar Sinha (2024), where the apex court held: “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.”

Dismissing the corporation’s argument that Rule 2.2(b) of the Punjab Civil Services Rules permitted post-dismissal action for pension recovery, Justice Brar said the petitioner was “admittedly not entitled to pension”. “A provision that deals exclusively with the withholding of a pensionary benefit cannot be invoked against a person who is not eligible for pension in the first place,” the order stated.

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“The foundational employer-employee relationship having ceased to exist, the respondents lacked the jurisdictional authority to issue them,” the bench ruled, quashing the charge sheets along with all consequential proceedings.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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