One has been awarded penalty of compulsory retirement from government service with an appeal period of 45 days. He was orally told not to come to office. No payment has been made. Should he insist for relieving order? Legally, the order is enforceable from the date of receipt of the order or from the expiry of appeal period? Please guide.
Order of compulsory retirement as penalty means removal from service. If this order is issued by the compentant authority, there is no need for further relieving order. As regards payment of terminal benefits, the same has to be paid provided there is no order to the contrary. Order of punishment is enforceable from the date of its order/receipt.
every penalty shall be communicated.he too be relieved.whatever may be nature of estblishment wether govt,state,prvate,public sector,and even in small estblishment.as per law he shall be relieved and letter to that effect shall be given.inrespect of all retirement benifits shall be given.we should look behind the defendants.If it is necessary the benifits shall be passed on to the dependents.where there is no loss occured to the establishment he shall be given all the retirement benifit as good as benifit payable on super annuation.
Mr Ansari has stated "One has been awarded penalty of compulsory retirement from government service with an appeal period of 45 days". Hence, the provision of appeal is known to him. Since the Appeal is also processed by the same department (Personnel Dept), most of the time the Appellate authority relies on the version given by the department concerned for certain obvious reasons. Whenever a major punishment is awarded, no appellate body wants to reverse such order in normal circumstances. However, a logcial end to an appeal is a pre-requisite, .if he has to take the matter before the Court for a legal remedy.