disciplinary action after 2 years of retirement
ravikumar
(Querist) 06 April 2009
This query is : Resolved
sir
iam retired employee of indian airlines now air india.i was in indian airlines when i retired in 2006.march.after 2 years that is in may 2008 i was issued a letter stating allegation of dual employment by me prior to my retirement that i joined another dcompany in september 2005 .so they on the basis of the annonympus letter stopped my retirement benifits of medical and air passage.though there is no rule in the conduct discipline and appeals of indian airlines to initiate action against a retired employee the indian airlines management has stopped my benifits.sir for your information there was no disciplinary case aagainst me till the date of my retirement.so is the action right .can i file a case against the decision of the management as i understand the action of the airline is not correct.pl help.tks ravikumar
H. S. Thukral
(Expert) 06 April 2009
Resignation of an employee brings a cessation in employer-employee relation but a retirement does not do so. Becasue of pension and othe retirement benifts the relationship survives superannuation. Employer can take action against the employee for any finacial irregularity, negligence or misconduct after reitrement too. I suggest you read the latest case law where this aspect has been discussed. The judgement of SC is
Uttar Pradesh State Sugar Corporation Limited and Others
v
Kamal Swaroop Tondon decided on 18 Jan 2008
Murali Krishna
(Expert) 07 April 2009
Rules in Govt. organisations provide for initiating disciplinary action within four years from the date of retirement (Maximum). In your case, you are telling that there are no such rules. But please check. See the following two judgements may help you. In these cases, SC held that "the cause for the institution of proceedings, should not have taken place more than four years before the date of institution of proceedings".
1.Institution of disciplinary proceedings is always related to misconduct and such proceedings should be instituted after retirement against the officer as expeditiously as possible. But the events of misconduct etc. which may have resulted should not have taken place more than four years before the date of institution of proceedings. [State of UP Vs Sri Krishna Pandey; AIR 1996 SC 1656]
2.A retired govt. servant can be found guilty of grave misconduct during his service career pursuant to the departmental proceedings conducted against him even after his retirement, but such proceedings could be initiated in connection with only such misconduct which might have taken place within 4 years of the initiation of such departmental proceedings against him. [State of Bihar Vs.Mohd Idris Ansari; AIR 1995 SC1853]
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
ravikumar
(Querist) 07 April 2009
thanks to mr harbhajan singh and murali krishna
i have gone trhu both the cases.but in my case there is no rule for disciplinary action in the service rules of indian airlines in case of retired employees.the supreme court order says if the disciplinary case was initiated prior to retirement of an employee and the ccs pension rules of the retired employee as per the crelevant clauses disciplinary action can be taken .but indian airlines do not have any clause and no conduct discipline and appeal rules are incorporated ,only in 2007 the central vigilance commission asked the psus to give me punishment when i have retired beofre 2007 ?
besides there was no enquiry conducted against me only on hearsay that i worked fro another compan y before retirement they have given punish ments.1.stoppage of medical2.stoppage of air passages and 3.a penalty of 6 months salary amounting to 5 lacs.can any one elaborate on this?
B.B.R.Goud.
(Expert) 07 April 2009
as there was no disciplinary case aagainst you, till the date of retirement.
so is the action was wrong.
you can file a case against the decision of the management, as the action of the airline is not correct.
in any case, retirement benefits shall not be stopped.
