Disciplinary proceedings
Shantanu
(Querist) 28 April 2015
This query is : Resolved
my uncle was a civil court employee, he got retired two years before. while in service there was some issue with a file which got misplaced, however there was no loss to system and anybody. the file was newly replaced. however, some disciplinary actions were initiated against seven persons who were posted there or related with the matter. no action was taken till the retirement of my uncle and now they have stopped his pension and other monetary benefits. i just wanted to ask whether this action is in accordance with law, disciplinary proceedings are still pending. if not then how can i help my uncle.....whether he will get his pension and monetary benefits.
Sudhir Kumar, Advocate
(Expert) 28 April 2015
The facts are not clear.
whether he retired during chargesheet?
whether the chargesheet was after retirement?
when was the loss of file?
when was the retirement?
had he started drawing pension after retirement?
(I mean regular pension not ad-hoc pension which is given to the employees retiring with chargesheet}
PARDEEP KUMAR
(Expert) 28 April 2015
Complete facts are required to be given. However, if chargesheet was given before retirement, Department can continue with the disciplinary proceeding, if chargesheet is given after retirement, for a event 4 years before issuance of charge sheet it is illegal, if it is for an event of concerning within 4 years of issuance, it has to be for grave misconduct only, else it won't sustain. However, in any situation the ad - hoc pension cannot be withheld or deducted until penalty is imposed. Commutation of pension and Gratuity are two dues which would be withheld during disciplinary proceeding.
Dr J C Vashista
(Expert) 28 April 2015
I have similar opinion as advised by experts, consult a local lawyer.
P. Venu
(Expert) 28 April 2015
Please apprise us of the complete facts, esp.
- whether the proceedings where initiated prior to retirement or after retirement?
- If after retirement, whether regular pension had been authorised and other retirement benefits paid?
_ Is it that pension has been authorised and subsequently stopped by an administrative order?
- If no pension has been authorised, is the employee receiving provisional pension?
- The Service Rules as applicable?
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Guest
(Expert) 28 April 2015
Do you really believe that you can help your uncle when you don't seem to be aware of even ABC of the service rules, the process of disciplinary proceedings, and the pension rules?
Your query seems to be more of the academic nature, rather than a real problem.
However, if your uncle is really facing such a problem, your factless casual query may not solve his proble, He should better take help of some service law expert to help him how to tackle the issues of disciplinary proceedings and pension case.
BAALASUBRAMANNYAMM
(Expert) 28 April 2015
As per your version, at the time of retirement, there was no final conclusion of the disciplinary proceedings, which were initiated against total seven members, inclusive of your uncle and thus your uncle was receiving his retirement benefits and pension what ever it may be, till today. Subsequently, when there was a final conclusion about disciplinary action, came up, the authority have stopped his further payments. I think, the disciplinary proceedings was not pending.Kindly verify once again.
malipeddi jaggarao
(Expert) 28 April 2015
Please reply to the queries raised by expert Mr.Sudhir Kumar. Then only anybody can attempt to reply.
Biswanath Roy
(Expert) 01 May 2015
Disclose the full facts with relevant dates for correct opinion and advice.
However, so far it transpires from your averments, suspension of monthly pension pending disciplinary proceedings stands contrary to and in violation of the Constitutional right of a citizen and infringement of natural justice.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
Almost all the experts have asked you to confirm the details asked for, if the problem is real, come out with details.
