Dear Team HR
The following reply observed in a labour related website.
In the matter of Shri Ramesh Chandra Verma v. State of Himachal Pradesh, [CWPOA No.411 of 2019 decided on September 17, 2020], the Himachal Pradesh High Court, while relying on the Supreme Court's decision in the matter of Union of India v. Dinanath Shantaram Karekar, [AIR 1998 SC 2722], held that, where the disciplinary proceedings are intended to be initiated by issuing a charge-sheet, its actual service to the employee is essential to initiate the disciplinary proceedings. The theory of 'communication' cannot be invoked, and actual service is required to be proved and established. Therefore, the disciplinary proceedings which was continued against the employee, even after his superannuation, on the basis of charge-sheet, which was never served upon him till his superannuation, was held, non-est in the eyes of law and the order on the basis of such disciplinary proceedings by the disciplinary authority, was held to be, void ab-initio.