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ramanarayana gupta m r ( reitred bank executive)     18 March 2011

WHETHER THE PUSINESHMENT AWARDED IS PROSPECTIVE OR FROM PRE

SERVICES OF ONE OF THE OFFICER WHO WAS ABOUT TO GET RETIRED WAS EXTENDED FOR THE SPECIFIC PURPOSE OF CONDUCTING AND COMPLETION OF DOMESTIC ENQUIRY AS PER SERVICE REGULATIONS. AFTER THE DOMESTIC ENQUIRY PROCEEDINGS PUNISHMENT WAS AWARDED B Y WAY OF REDUCTION OF SCALE AND ALSO IN PAY.

 

AS THE OFFICER IS ALREADY RETIRED, NOW THE QUESTION IS-

WHETHER THIS PUNSHMENT OF REDUCTION IN PAY CAN BE IMPLEMENTED TODAY ?

i UNDERSTAND THAT THE PUNISHMENT CAN BE IMPLEMENTED ONLY PROSPECTIVE. iF THIS IS NOT CORRECT KINDLY ENLIGHTEN ME. iF THERE ARE ANY PREVIOUS DECIDED CASES KINDLY HELP ME IN GUIDING THE CONCEREND OFFICER.

REGARDS



 7 Replies

M. Munikrishnan (Bank Executive (Retired))     18 March 2011

If the charge sheet was issued before his date of attaining superannuation and the service regulation provides for such extension, then the Bank can conclude the inquiry process and impose the punishment later.  Pl provide more details for this forum members to contribute.

1 Like

ramanarayana gupta m r ( reitred bank executive)     20 March 2011

This has further reference to my querry on the subject. As advised by Mr.M.Munikrishnan I provide additional information for discussion at this forrum.

The Officer was served with a memo by the controller for his alleged actions. Subsequently before his retirement as provided in service regulations his services were extended for the limited purpose of Disciplinary Proceedings. The Charge sheet was served subsequent to his retirement and the enquiry was concluded and the punishment was awarded:

REduction in grade III to Grade I thus reducing two grades in the pay scale.

My question is:

At the time of awarding punishment the officer was grade III and from when the punishment can be implemented.

M. Munikrishnan (Bank Executive (Retired))     21 March 2011

the Charge sheet was served subsequent to his retirement and the enquiry was concluded and the punishment was awarded:    in Coal India Ltd. v. Saroj Kumar Mishra12 wherein it was held that date of application of mind on the allegations leveled against an officer by the competent authority as a result whereof a charge-sheet is issued would be the date on which the disciplinary proceedings are said to have been initiated and not prior thereto. Consequently the charge-sheet, the enquiry report and the orders of punishment passed by the disciplinary authority and the appellate authority must be held to be illegal and without jurisdiction."

I hope this answers your query.



Om Prakash Dhusia (HR assistant)     21 April 2011

If it is written on the order WITH RETROSPECTIVE EFFECT means since the proceedings were initiated and not when the result of the enquiry were declared.

M. Munikrishnan (Bank Executive (Retired))     22 April 2011

Date of charge-sheet issued would be the date on which the disciplinary proceedings are said to have been initiated  and not prior thereto.  In the case reported, the inquiry and punishment is deemed illegal.

Vijayan Balakrishnan (Junior Works Manager Vigilance & Confidential Office)     15 May 2011

I agree witrh Mr. Unnikrishnan.

The concept of retrospective effect to the the Charge-shhet and the consequent penalty is unheard of in domestic enquries and departmental inquiries.

Charge-sheet issued subsequent to retirement is not leagal violative ofthe rules.

This is also illegal ab initio and resultantly the proceedings based on the illegal Charge-sheet are vitiated.

Consequently, the penalty imposed on the officer will not stand the legal scrutiny if challenged before an appropriate court/tribunal.


(Guest)

Punishment in departmental inquiry case cannot be made effective from back date. So, the orders for reduction of rank with retrospective effect would be ultra vires and illegal.


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