13 Nov 2025 — In a significant judgment, the Allahabad High Court has held that an employee’s application for voluntary retirement (VRS) must be processed even when disciplinary or misconduct proceedings are ongoing, if medical evidence proves that the employee is unfit to undergo inquiry.
A Division Bench comprising Justices Manoj Kumar Gupta and Siddharth Nandan decided in the case of Manohar Singh vs. Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Ltd.(Writ-A No. 19330 of 2024)
The employee in the case was employed as a Technician Grade-II with Dakshinanchal Vidyut Vitran Nigam Limited (DVVNL), Aligarh. He was dismissed from service, and a substantial recovery order was issued against him in April 2022. The employee appealed the dismissal, and the High Court set aside both the dismissal and the recovery order on grounds including evidence that he was in an unsound mental condition. : Following the High Court’s direction, a medical board was constituted. The board found that the employee had suffered multiple brain strokes, resulting in serious cognitive and physical disabilities — he was unable to communicate effectively or understand proceedings.
In July 2024, the employee’s wife applied for his voluntary retirement on medical grounds, but the department did not act on the application, citing the ongoing misconduct case.
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After a fresh examination at AIIMS, New Delhi, the court reviewed a detailed medical board report, which confirmed severe cognitive impairment and physical disability due to brain strokes. The report concluded that the employee could not comprehend charges or participate meaningfully in a disciplinary inquiry. The court noted that its earlier order — which allowed disciplinary proceedings only if the employee was medically fit — had attained finality. Given the conclusive medical evidence, it found no basis to continue the inquiry.
Upholding the single judge’s earlier direction, the Division Bench ruled that the VRS application must be processed within four weeks, irrespective of the pending misconduct proceedings.The court emphasised that when an employee is medically unfit to understand or defend against allegations, continuing disciplinary procedures serve little purpose and may violate basic principles of fairness and dignity.
The judgment reinforces that service matters cannot be pursued in a purely mechanical way; administrative actions must account for the human and medical realities of employees.While misconduct must be addressed, the court’s decision shows sensitivity toward the rights of employees who suffer from serious medical conditions.Government bodies and public sector employers may now be required to frame policies ensuring that unfit employees are allowed to retire, rather than forcing them into untenable inquiry procedures.
This judgment by the Allahabad High Court sets a significant precedent by affirming that an employee’s right to voluntary retirement cannot be indefinitely withheld simply because disciplinary charges are pending, particularly when credible medical evidence proves that he or she is physically or mentally incapable of participating in an inquiry. The Court’s decision underscores a humane, legally sound approach to public service employment and disciplinary systems.
