Compulsory retirement after superannuation date
J SRINIVASARAO
(Querist) 20 August 2015
This query is : Resolved
I am working in public sector bank. I was suspended in loan sanction case for no fault of mine. The inquiry was conducted and I have replied to the inquiry officers' report. Since the Management wants to give capital punishment, the disciplinary authority has given personal hearing. I have argued my case and submitted evidences stating I have not done any wrong thing. The Disciplinary authority has not delivered his order for more than 3 months.My personal hearing happened on 20th Feb 2015, My normal retirement date falls on 30th April 2015, My compulsory retirement order given 30th May 2015. My question- whether I can be issued compulsory retirement order after my superannuation. Whether I am normally retired since 30th April 2015 is my normal retirement date or compulsorily retired on 30th May 2015. What remedy I got? Can I approach High Court on this matter. Please give any citations in this matter.
Kumar Doab
(Expert) 20 August 2015
You have posted that:
” I am working in public sector bank. I was suspended in loan sanction case for no fault of mine. The inquiry was conducted and I have replied to the inquiry officers' report. Since the Management wants to give capital punishment, the disciplinary authority has given personal hearing. I have argued my case and submitted evidences stating I have not done any wrong thing. The Disciplinary authority has not delivered his order for more than 3 months.My personal hearing happened on 20th Feb 2015, My normal retirement date falls on 30th April 2015, My compulsory retirement order given 30th May 2015. My question- whether I can be issued compulsory retirement order after my superannuation. Whether I am normally retired since 30th April 2015 is my normal retirement date or compulsorily retired on 30th May 2015. What remedy I got? Can I approach High Court on this matter. Please give any citations in this matter.”
Apparently there seems to be blanks and grey areas.
Was the retirement referred to?
Does the disciplinary authority has necessary powers to impose the penalty of dismissal upon the respondent even after his retirement?
In your case is it possible to take a view that no major penalty is permissible after retirement was not even referred to?
Do you have evidence of ‘No fault of yours’?
Did you gather documentary evidence?
Did you consult an able counsel and appear with your defense assistant?
If you have not or even if you have consulted and availed a 'Defense Assistant'
you must consult an able Labor Law Consultant/Service Matters lawyer/Law Firm before you proceed further, with copies of all documents on record, and spend quality time with your counsel(s) and understand the options,merits and remedies.
In the meantime you may go thru another thread at:
Discussion > Labour & Service Law > Gratuity > P.f & gratuity
http://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=1#.VdXR5n1-jMo
Sudhir Kumar, Advocate
(Expert) 21 August 2015
Notwithstanding any other view, I observe taht :-
(I) No penalty can operate retrospectively.
(II) you ceased to be in service on 30 April.
(III) beyond this penal deduction could have been made in withheld gratuity/pension.
Given facts indicate that you have a strong case to move to judiciary. Meet your lawyer.
P. Venu
(Expert) 21 August 2015
Yes, the punishment shall not be of retrospective nature.
By the way, what difference it makes that you are compulsorily retired on the date of superannuation?
Rajendra K Goyal
(Expert) 21 August 2015
Have you appealed the matter to appellate authority? If not so, submit your appeal to departmental appellate authority first.
Kumar Doab
(Expert) 21 August 2015
Whichever Forum you choose, obtain answer to all points that have been raised, notwithstanding any views, and proceed further fully prepared and on firm feet.
There is a full blown attempt to cast stigma on your future life and you should deal it with firm hands.
First thing First; Download all service rules and regulation/service codes,Conduct and Discipline Rules, certified standing orders etc etc............
Check the retirement age in standing orders and find answer to all points that have been raised.
You must have noted that my stance in this thread is Pro Employee.
It is reiterated that Apparently there are blanks and grey areas.
In the thread referred above there is a reference of a judgment by Supreme Court of India and reference to larger bench of Supreme Court of India.
This thread and judgment can fetch you many points.
Sudhir Kumar, Advocate
(Expert) 21 August 2015
agreeing with Mr Kumar Doab I will add as under :-
The CDA rules stated by Mr Doab are absolutely relevant to examined whether proper procedure has been followed or not.
My above views are on the retrospective application of the penalty regardless the procedure followed.
