Punishment of Compulsory Retirement.

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Punishment of Compulsory Retirement.

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    • #923

      I was appointed, in State Civil Services of Government of Karnataka, w.e.f. 01/10/1981. I had unblemished record of service till 23/02/2012.
      I was placed under suspension on 24/02/2012. In all 7 frivolous charges were made for placing me under suspension. The suspension order was not a speaking order, inasmuch as the authority did not mention about his satisfaction to place me under suspension. According to circular instructions of Government of Karnataka, the order of suspension will not come into effect unless the competent authority relieves the suspended official from duty and he hands over the charge of his post. So, I was on duty till 24/11/2012. Later on I was forcefully prevented from attending my duties. As such, I had not repirted to my duties at the new place of my posting.

      Two charges; (1) remaining absent from duty; and (2) having not produced the documents for inspection (which was said to be conducted by an officer of the Head if Department) held to be proved. Accordingly, punishment of compulsory retirement came to be imposed on me.

      The Attendance Register was not produced before the EO in support of the charge of unauthorised absence. The same is held to be proved merely on oral witness of an officer other than the Head of my office.

      Similarly, the other charge of having not produced the records for inspection, on 22/03/2011, is proved on the basis of oral witness of such a person who was not at all present on the spot of incident. I have produced the Attendace Register which prove that the said PW was present on his duties in his office on that date. So also, I have produced the tour details of the person who was actually accompanied the inspecting officer on that date.

      Despite, I have been punished. Therefore, kindly guide me in this regard, since I have already preferred the appeal well within the time limit and the same is yet to be disposed of.

    • #926

      You will have to take these and all other possible grounds for challenging the order. You have said that your appeal is pending. You may wait for the disposal of the appeal. If there is unnecessary delay in the disposal of the appeal, you may approach the appropriate court / tribunal applicable to your service (i.e., having jurisdiction in your matter), which may hear the matter or at least direct the appellate authority to decide your appeal within a time-bound period.

      You may also consult some lawyer or other expert by showing your detailed papers about the legal grounds and/or other grounds of facts which can be used for challenging the order in a court or tribunal.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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