Isaac Gabriel (Advocate) 26 October 2008

Service

I retired from Government service on 31/05/2005.I had submitted an appeal on the punishment of stoppage of increment in 2002.The Governent has fixed a time limit of 6 months for disposal of appeals.Till my retirement the quasi-judicial authorities did not pass orders on the appeals.I filed writ petition to quash the punishments for non adherence to instructions to dispose within 6 months.But the writ was dismissed.Agin I filed writ appeals which was also dismissed without appreciating the facts.The review has been filed and yet to taken up.In the meantime,the quasi judical/appellate authority disposed the appeals confirming the punshments,immediately on the dismissal of the writ petition in 2007.I have also filed appeal against this to the Government and it is under examination.Please let me know whether the appellate authority's action in passing orders after my retirement is correct? If it is wrong what kind of action could be taken against for hurting me after retirement with the provisions of the Discipline and appeal rules.

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6 Replies

K.C.Suresh (Advocate) 27 October 2008

The action is legaly valid.

Isaac Gabriel (Advocate) 27 October 2008

Dear suresh,

Thank you for your kind reply.I am advised by my friens that teh judiciary has passed several judgements ruling any action after retirement is not valid in law and the controlling authorities are not empowered to pass orders pertainign to the services after retirement of an employee.

I once again thank you for having devoted your precious time in replying to my query.

Sincerely

I.Gabriel

Milijnd Kumar Dange (Conculting) 28 October 2008

As per the judgment attached proceedings cannot continue after Superannuation. I have seen similar judgments U need to consult a good lawyer who specialises in Labour and service matters.

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A.Mohamed Thaheer (ADVOCATE) 02 April 2009

The action of the Govt. may be valid provided the Disciplinary Authority had applied his mind and given a decision in speaking order with proper reasoning. You have also made an appeal against this order with the administration which is also yet to be decided. If you don't receive response from the Administration after making two or three reminders, you can file a writ of certioriri, if your hands are clean. Court will certainly hear your grievances for appropriate writ.

But, as for as the Govt. is concerned, the action taken was only continuation of the Disciplinary process which arose prior to retirement and hence valid. There is no period of limitation for taking decision with respect to the penaly already imposed while in service.Only charges cannot be framed after a period of four years from the date of commission of the offence, in case retired prior to the charge was issued.