Case Law Details
Once the appellant had retired from service on 31.3.2009, there was no authority vested with the respondents for continuing the disciplinary proceeding even for the purpose of imposing any reduction in the retiral benefits payable to the appellant. In the absence of such an authority it must be held that the inquiry had lapsed and the appellant was entitled to get full retiral benefits.
The question has also been raised in the appeal with regard to arrears of salary and allowances payable to the appellant during the period of his dismissal and up to the date of reinstatement. Inasmuch as the inquiry had lapsed, it is, in our opinion, obvious that the appellant would have to get the balance of the emoluments payable to him.
The appeals are, therefore, allowed and the judgment and order of the High Court are set aside and the respondents are directed to pay arrears of salary and allowances payable to the appellant and also to pay him his all the retiral benefits in accordance with the rules and regulations as if there had been no disciplinary proceeding or order passed therein. No costs.
REPORT ABLE
IN THE SUPREME COURT OF INDIA
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Sir,
After retirement from Army, court of inquiry on anonymous complaint is continuing, and is totally spiiled my life,. Is any other way to squash it..?
Sir, I retired from HSAMBoard Panchkula on 31.3.2015 a chargsheet was served in the year 2014 upon me being supdt. failed to engage an advocate in a court case which was dismissed in default as no any file was moved before me by the subordinate inquiry officer proved charges against me and me retiral benefits still withheld what I do now?
I had retired as Asstt:Registrar Sindh High court on 24.2.2017.During my service in the year,2002, my subordinate did not make the compiance of court’s order.Now I have received notice on 14.7.2019 to face the departmental inquiry after over 2 years of my retirement.Please advise me,if there is any law to conduct the departmental inquiry against the retired govt: servants?
Sir, When I was serving during the year 2008, (14/08/2008), a case was contemplated against me on the basis of complaints related to insult to National Flag, lodged by 15 teachers working under me and a charge-sheet was served upon me on 30/10/2010. Inquiry officer was appointed in the year of 2011 and inquiry could not be completed due to change of inquiry officer. On the other hand, I was retried from the service on my superannuation on 31/05/2017.and said inquiry was still pending at the time of retirement. Now, the said inquiry has been completed on 27/09/2018. During the period of inquiry proceedings after retirement, I filed an O A in the Hon’ble CAT and Hon’ble CAT give directions to the respondents to complete the inquiry within 90 days and pass final order in the said period.. The copy of the order was supplied to the respondents and inquiry officer but the inquiry officer did not comply with the order of CAT and he deliberately ignored the directions of the CAT. After that I make a complaint against the inquiry officer for deep rooted biased against me. He did not stop the inquiry and did not sent the complaint to the appropriate authority to finalized the complaint . during this period , he closed the inquiry.
In the present circumstances, What can I do? Please guide me in proper way so that i get my retire befits
Thanks,
Indira Rani
9968661233.
i retired from state govt department on 31.7.2012. a enquiry was conducted on 10.6.13 .I was served with departmental chargesheet on 31.3.14..after giving all replies the procedings finalised in june 2018 imposing a fine of rs 30000 and 10 percent deduction in already receiving pension forever.. kindly advise me the course of action
I have retired Karnataka state govt employee retired on Nov.2014 whether DE can be initiated against that official clause (I) (ii) & (III ) sub rule (1) of kcsr 1966 R/w sec 214 of kcsrs
sir, I have retired my service from a public sector organisation 12/2015.My retirement benefits such as gratutity encashment of leave and commutation of pension were withheld due to pending vigilance case due to preparation of wrong /suspicious adjustment entry for rs.94000/- in 4/2008.I have received letter from management for clarification for method of preparing the voucher in 2014.I have clarified the same within the stipulated time of 10 days.I have not received any Show cause notice till today. i have not received the said benefits due to above pending vigilance case.I am not involved any fraud or negligence in my duty .I am unable to prove the same because of the case proceedings not started. I have so many commitments to fulfil after retirements for want of my retirement benefits.I am not able to bare the legal expenses to move the case to the court of law.Please guide me any alternate source to get my benefits from my employer.
I was retired from semi govt service from u.p as on 31.1.15.for the event of five years prior a charge sheet issued to my name through my office in-charge which was issued on 27/1/15 from lucknow and received in my office on 2/2/15 2.00pm through registered post.Then they forwarded to me by official letter on same day which received to me on 6\2\15.what can happens in the matter under up CSR law.
i read the above article for central govt employees i am group A OFFICER (TECHNICAL)This has happened in my case i took VRS from my office in jan2014.the VRS application was accepted by competent authority and informed on 17dec2013 and i was releived from my service on 18 jan2014 .To my surprise and shock in office has not given me the complete retirement benifits and provisional pension under rule no 69 OF CCS PENSION RULE granted my office has withhold my gratuity and 100% pension (no commutation 0).
after lot of letters/email to competent authorities during jan2014 to march2015 it was informed that vigillance clearance not recd .further on 23march2015 office n delhi (OUR MINISTRY MOCA) issued chargesheet (after 15 months of vrs )
UNDER RTI ACT2005 i got the information from my vigillance dept informing that THEY HAD SENT VIGILLANCE CLEARANCE WAS SENT IN NOV2013
i am not understanding what to do in my case and whom to approach to get my complete retirement benifits i learnt that one HELP IN CELL IS AT CAG OFFICE N DELHI who helps for pensioners pl inform the adress and mobile no if any to contact them
excellent and very good forum for Pensioners suffuring due to wrong attitude of few corrupt /mentally negative approch officers in govt dept
PL HELP
sir,what about the victimize who is not aware till superannuation that the departmental inquiry is pending against him due to which his retirement benefits are with held by the department.but when he inquired with the office which is 750 km away from delhi,they told that in the absence of vigilance clearance from the head office, delhi, your dues on retirement nad ppo can’t be prepared. then when inquiry is made with delhi office it is told that they have not received any such letter about vigilance clearance or any DE is pending in this office.the victimize has become pendulum in between neemuch and delhi office !
when an inquiry made through some reliable source it is told that some 3-4 years back a charge sheet was prepared and has been sent to delhi office over which action is showing pending !
i knew that, that the period 2009-2012 was the worst period in the history when the employees were brutely socially crushed by making the group of 4-5 persons coccus using the power the way they desire by empowered authority.that time the fear of termination and suspension was common among all.it would be sufficient to quote here that the freedom of living was totally at hault, every employee was so fearful and were living under tension that one day their wives went to distt. magistrate office to appeal to the collector that it has become difficult for them to live in such tense situation and circumstances. you will not believe that the authority was so cruel that he took it otherwise and issued a memo calling explaination for inititiating action under ccs rules of each employee whose wife went to the collector for making his complaint.
it seems that he has made the chargesheet only because he wanted me to take voluntary retirement which i have not taken. he tried his levelbest to disturbed my peace from every corner and in the end he has used the tool of filing the chargesheet against me of which i am totally unaware.
kindly advice me the course of action for obtaining my retirement benefits.
Officials don’t go to court not only for fear, it is expensive and prohibitive. For a honest govt servant whose income is only salary, going to court is very expensive and not commensurate with the justice he seeks. Govt has unlimited resources to go on appealing and if they loose no body is made responsible and fined.
Yes,Action should be taken on erring officers for the abnormal delay and lacuna in following disciplinary proceedings. Details of Officials from various departments should be called and no of officers under suspension and proceedings of department inquiry should be seen and abnormal delay in dealing Disciplinary cases should be checked and courts should take sumo-to in dealing with such delays so that justice will be given to the Government officials.Many government officials do not approach court due to fear.
Does the govt doesnt know the rules of the disciplinary proceedings as much as the procedures to be followed. Apart from the agony to the accused who won the case now, govt has lost huge money belonging to the tax payer/s. Who is responsible for (1) Making a case and loosing it on technical grounds, (2) Number of mandays lost from the prosecution/govt side towards this inquiry, (3) Number of days the employee didnt work (due to suspension/dismissal) and got the financial benefits.
I call upon the govt at the centre of the day, to fix the responsibility for the colossal loss of money, mandays of so many people involved in the entire episode and take stringent action.
Hon’ble Supreme Court should have dealt on this, (if not dealt) in the public interest in the truest sense of the word.