Penalization of an employess post retirement who has no pension

[Kawaljeet Singh]

Can a retired official of an autonomous body with no pension be penalised /probed for an action (wrong interpretation of laws,granting higher grade pay to employees who were later found to be non-covered under the extant provisions.

AS of now, the employees have been reverted back to GP 4200/-

Question is if or not any proceeedings can be done against the director who is now retired, all dues paid and has no pension

[Dr. Ashok Dhamija]

It has been held by the Supreme Court that disciplinary proceedings cannot be initiated or continued against an employee after his retirement unless such action is authorised under the rules regulating the particular service. For this purpose, see the following judgments of the Supreme Court:

• Bhagirathi JenaOrissa State Financial Corpn., (1999) 3 SCC 666.
• Dev Prakash TewariU.P. Coop. Institutional Service Board, (2014) 7 SCC 260.

Therefore, you’ll have to check the rules of your organisation as to whether such post-retirement penalty is permitted under the rules applicable. If there is no such provision in your rules permitting the authority to take such action against the officer after his retirement, then no such action can be taken against him.

     

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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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