VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court

A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible. Background Facts The employee was a Technician Grade-II with the Dakshinanchal Vidyut Vitran Nigam Limited in Aligarh. He was dismissed from service. Also he faced a substantial recovery order in April 2022. The employee filed an appeal but the decision was later upheld. The employee filed a writ petition challenging these orders. The High Court set aside the dismissal. It was noted by the court that there was an evidence of employee's unsound mental condition. The Court permitted the department to restart disciplinary proceedings. It was directed that the proceedings should be started only after constituting a Medical Board to verify if the employee was mentally fit to comprehend and face the inquiry. Hence, a Medical Board examined the employee. It was concluded that the employee suffered from significant cognitive and physical disabilities due to multiple brain strokes. Therefore, he was unable to communicate or understand the proceedings properly. Hence, the employee's wife applied for his Voluntary Retirement (VRS) on medical grounds in July 2024. When the department did not process the application, the employee approached the High Court again. A Single Judge allowed his petition, directing the department to process the VRS application without being influenced by the pending misconduct charges, as his medical condition made a fair enquiry impossible. Aggrieved by the same, the department filed the intra court appeal. It was contended by the appellant-Department that the Single Judge erred in directing the processing of the VRS application. It was further contended by the Department that there was doubt regarding the authenticity and correctness of the medical report, which formed the basis of the Single Judge's order. Therefore, the Coordinate Bench directed a fresh medical examination of the employee at AIIMS, New Delhi, to verify his true mental and physical condition. On the other hand, the employee contended that his medical condition including significant cognitive and physical disabilities from multiple strokes, rendered him incapable of facing any departmental enquiry. Therefore he should have been allowed voluntary retirement from the service. Findings of the Court It was observed by the Court that the medical condition of the employee was conclusively established beyond doubt after the report from AIIMS, New Delhi. The report confirmed that he suffered from significant physical and cognitive disabilities due to multiple strokes, leaving him unable to comprehend charges or participate in a disciplinary enquiry. Hence, no enquiry was possible against the employee. It was noted by the Court that its prior order, which permitted a fresh enquiry only if the employee was medically fit, had attained finality. Since the medical evidence now showed that no enquiry was possible, it was directed by the court that the department should process the application of the employee for VRS without being influenced by the charges levelled against him in the past. Hence, the Single Judge's direction to process the VRS without being influenced by the charges was upheld by the court. It was further directed that the department should process the VRS application within four weeks. With the aforesaid observations, the intra-court Appeal filed by the Department was dismissed by the court. Case Name : Manohar Singh v. Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Ltd. Case No. : SPECIAL APPEAL No. 420 of 2025 Counsel for the Appellant : Manu Ghildyal Counsel for the Respondents : Abhishek SinghClick Here To Read/download The Order

VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court

Namdev Singh

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