Departmental enquiry after retirement

Querist : Anonymous (Querist) 04 August 2020 This query is : Resolved
I was retired 1 year back. Governed by kvs cca 1957 rules. Now the authority is initiating departmental enquiry saying that I did not hand over hard copy and soft copy. Is there any power to initiate enquiry after the retirement

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A retired individual is facing a departmental enquiry initiated a year after their retirement, based on KVS CCA 1957 rules, concerning the handover of hard and soft copies. The discussion clarifies that departmental proceedings can generally only continue after retirement if specific clauses in the employment rules allow it. While some rules permit initiation of proceedings for misconduct within a certain timeframe after retirement, it's crucial to verify the exact service rules governing the individual's employment to determine the validity of such an enquiry.

Rajendra K Goyal (Expert) 04 August 2020
Disciplinary proceedings can continue after retirement provided specific clause in employment rules.

No departmental inquiry can be initiated after retirement provided specifically provided otherwise in service rules.

A. A. JOSE (Expert) 04 August 2020
You may verify your Services Rules and find out if any such provisions exists there. It can be done strictly as per the governing Service rules, if any.Unless there is specific conditions of service to that effect, such proceedings after retirement cannot stand legal scrutiny in the Court of Law.

venkatesh Rao (Expert) 04 August 2020
It appears you were a karnataka state government servant. Then, after retirement proceedings can be initiated only by the Government under Rule 214 of KCSR.

kavksatyanarayana (Expert) 04 August 2020
As per me, after retirement up to 4 years from the date of retirement, departmental action can be taken against the retired employee.

Dr J C Vashista (Expert) 05 August 2020
Supreme Court has held that disciplinary action cannot continue after retirement unless a specific clause provides for such proceedings, .

Disciplinary proceedings against an employee cannot be continued after his retirement in the absence of a specific clause in the employment rules providing for such enquiry, the Supreme Court has held.

In an order, a Bench of Justices T.S. Thakur and C. Nagappan said once an employee retires from service there was no authority vested in the employer to continue the disciplinary proceedings even for the purpose of imposing any deduction in the benefits payable after retirement to the delinquent employee.

Appellant Dev Prakash Tiwari was working in UP Cooperative Institutional Service Board. Disciplinary proceedings were initiated against him after retirement. On a writ petition, a single judge of the Allahabad High Court held that there was no provision made for continuance of the departmental enquiry after superannuation and quashed the proceedings.

However, on appeal, a Division Bench permitted the enquiry which was not completed even after four years. He filed the present appeal against the High Court judgment.

Allowing the appeal, the Bench quashed the disciplinary proceedings and directed the respondent to pay arrears of salary and allowances payable to the appellant and also to pay him his post-retirement benefits.

Sudhir Kumar, Advocate (Expert) 05 August 2020
It is not the case of continuation of proceedings.

As apparent from given description it is initiation of proceedings after retirement which is permissible if the misconduct is not more than 4 years old.

venkatesh Rao (Expert) 05 August 2020
Karnataka Civil Service Rules specifically provides for continuation of disciplinary proceedings initiated before retirement even after the retirement and it is only by the Government. If not instituted before retirement, same provision allows initiation of proceedings.

P. Venu (Expert) 05 August 2020
You have not posted the complete facts.

Were you a State or Central Government employee? If the former, which State?

Have been served with the charge memo? What is the soft copy and hard copy you are referring to?

Rajendra K Goyal (Expert) 06 August 2020
As advised by the expert Sudhir Kumar it is a case of fresh initiation of proceedings.

Can not be initiated till there exist specific service Rules in this regard.

Sudhir Kumar, Advocate (Expert) 06 August 2020
CCS(Pension) rules applicable to KVS provide for such process.

P. Venu (Expert) 07 August 2020
The author is yet to furnish clarification esp. as to what is kvs cca 1957 rules. The issue may not be relating to KVS. The employees of Kendriya Vidyalayas are governed by CCS(CCA) Rules,1965.

venkatesh Rao (Expert) 07 August 2020
Venu sir,
I misread as KCS (CCA) Rules instead of KVS (CCA) Rules. Hence my advice may be ignored as it was under mistaken notion.

P. Venu (Expert) 07 August 2020
The fact of the matter is that, to the best of knowledge, there is no such KVS(CCA) Rules, 1957. And the riddle is that the author is not forthcoming to provide the requisite information. It is impossible to provide any meaningful suggestion based on the initial inchoate posting.

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