Penalty of Compulsory Retirement
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
Question : Due to an inadvertent expression in the Judgement delivered in 2006 which Judgement quashed on grounds of mala fides the orders of suspension and the memo of charges issued to me in 2003 my Department who had contested the case against me for more than three years promptly issued an order that the Court had held me guilty.
The expression in the penultimate paragraph of the judgement had read \"Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for reasons of mala fides as detailed above. The equities can be balanced by providing the respondents No. 1 and 2 one more opportunity to objectively examine the allegations of misconduct of the petitioner and to take appropriate action required, if any, in doing so the respondents No.1 and 2 should also call for the comments of the petitioner and conduct a preliminary fact finding inquiry before embarking upon any full-fledged disciplinary proceeding.\"
By short circuiting the procedure and in a premeditated manner and in a prejudged manner the same 12 out of 25 charges of 2003 were re slapped upon me verbatim , com by coma in 2007. My department took disciplinary action against me. I was neither allowed to work nor associated with any departmental activity and was proceeded against in an ex parte Inquiry in a private law office by payment of more than four Lacs to the Inquiry officer . Even the documents that I needed to defend were denied to me. I had immediately after the delivery of the Judgment of 2006 filed a review application followed by application for clarification. Thus the major penalty of compulsory retirement was imposed upon me on the basis of an ex parte Inquiry held against me while I kept pleading that the Judgement is pending review.
The entire disciplinary action against me had commenced from an unintended and inadvertent observation of the Court as mentioned above.
No body listened to me. I was on the road. My application for setting aside the order of my compulsory retirement has been pending for the last nine months. I have already crossed the age of 60 years
A ray of hope appeared as the Judgement on the Review Petition reserved in 2009 was delivered in 2011, a day before my age of superannuation, six months after I had stood compulsorily retired with the stigma of a major penalty.
The Judgement in Review Petition gives out that \"the unintended observation by the Court could be understood by anyone to be the final finding of the Court.\"
\"Therefore this Court should used its inherent power to do justice between the parties by giving the clarification now.\"
My Petition for setting aside the Penalty of Compulsory Retirement is pending.
What should I do now. Does the Judgment of Review has any bearing on the case.
Any case Laws please.
Guest
(Expert) 08 May 2011
DO THE FIRST THINGS FIRST. Let the the cases be decided in due course.
To start getting retirement benefits on compulsory retirement, first of all apply on prescribed forms for the sanction of pension, gratuity, leave encashment and Employees Insurance benefits. Take care of the rest of the things later on.
Any benefit, if due on the outcome of the pending petition for setting aside compulsory retirement, can take effect with due revision, if any, later on.
Try to fight your case on merits, rather than on precedents.
