Charge sheet on date of retirement
BHARAT BHUSHAN
(Querist) 20 July 2011
This query is : Resolved
(1)friidging of retairment benefit by issuance chargesheet on last working days.(2) non finilising
In Banking industry in India it has become practice to issue chargesheet on the last working day of employee to fridge the retiremantal benefit including P.F.And pension on the ground of pending enquiry.How this can be stoped? Secondly all enquary must be compleeted before retirement of the employee.
Guest
(Expert) 20 July 2011
Dear Bharat Bhushan,
It is not the practice only in banking industry, several Government departments resort of such practice to issue charge sheet to the retiring employees just one or two days before their retirement.
However, during pendency of the inquiry, GPF cannot be frozen. Gratuity can be frozen subject to the limit of the financial loss sustained by the organisation. The competent authority has the discretion to release the gratuity up to 75% of the total amount of gratuity.
About pension, that cannot be withheld. Provisional pension will have to be released till the case is finalised. Provisional pension is also equivalent to the full admissible pension.
About completion of inquiry, if minor penalty charge sheet is served, only that case has to be settled before the date of retirement, but not the major penalty charge sheet case. In that case the inquiry extends beyond the date of retirement till the decision is made.
Chanchal Nag Chowdhury
(Expert) 20 July 2011
There is no rule that a charge sheet to the retiring employees cannot be given just one or two days before their retirement.What happens if the employee is caught earlier.
However, Mr. Dhingra has given the complete answer.
Though retirement benefits cannot be attached,they can certainly be adjusted.
BHARAT BHUSHAN
(Querist) 21 July 2011
Sir (s), Why not the case which are quite 2-3 year old be setalled well before retirement, why the department(s) wait for the retairment, it is at most of the time knowingli done to harres the employee, why not a suitable application be fille in the SC for giving straight directions to the Government.
Bharat Bhooshan Shukla
K.S.Srinivas
(Expert) 28 July 2011
Yes. A petition can be filed.
