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Ajay David (Partner)     15 November 2011

Charge sheet/ de against ex-employees

if an employee commits a fraud. subsequently he retires / takes VRS or switches his job. after his leaving the organisation, the fraud is detected. he is found to be invaolved in the fraud with other amployees. cna a Departmental Enquiry be held against this retired person? will he b treated like an employee or the organisation can do nothing about this?.


 8 Replies

darshana sawant (associate consultant)     15 November 2011

The enquiry into any  misconduct can be conducted only against the employee, but in this case the employer employee relationship is severed, therefore the disciplinary enquiry is ruled out.  However, you can initiate criminal action for fraud which has come to light.

kameswarao S (Head HR)     15 November 2011

Once enquiry is finished  and the involvement of the ex-employee is proved then you can go for a criminal / civil case. Better to check thouroughly because the employees may try to involve the other person also and ultimately he may become the scape goat.

Regards - kamesh

Ajay David (Partner)     16 November 2011

thanks for your insight sir.

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Your query is vague.  It is not clear whether employer is Govt or private. How old is the misconduct.  How old is the retirement.  Anyway FIR is not time barred.

Kumar Doab (FIN)     13 December 2011

The employer should conduct a thorough enquiry and only after being satisfied on the basis of established proofs, employer may proceed. If the ex. employee is not at fault, he /she may retaliate. The burden of proving the fraud is first on employer, who has to lodge a criminal/civil complaint.


Sushil Wagh (LAW STUDENT)     14 December 2011

I endorse Shri Soni ji's views albeit with precaution as burden of proof is on employer.

raghavendra (employeee)     23 February 2012

sir is enquiry is mandatory

Sudhir Kumar, Advocate (Advocate)     24 February 2012

Answer will be different if the employer is Govt and the employee joined another Govt organisation.

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