Service matter regaridng pension

chandana chandran (Querist) 01 July 2014 This query is : Resolved
how can we take disciplinary action against a retired government servant who included in a crime while he was in service. all his retirement benefits are allowed. now he get pension. Rule 59(b) KSR part III can not apply to him. A case against him is pending under CBI. Pls advice me

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Devajyoti Barman (Expert) 01 July 2014
who are you in this scenario?

ROHIT SHARMA (Expert) 01 July 2014
Dear Mr. Chandana Chandran,

1. With so less information no positive conclusion can be deduced.

2. You need to discuss this issue thread bare giving full background of the case matter and for that you can opt have a private legal consultation with this lawyer so as to resolve the issue of your query.

3. If need be contact this layer and fix an appoint for phone consultation.

Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com.

Guest (Expert) 01 July 2014
First of all, as a law officer, you don't seem to be a competent disciplinary authority to take any disciplinary action against any employee of your organisation. Only designated disciplinary authority can take disciplinary action, provided your organisation's Conduct & Discipline Rules permit so.

Secondly, you will need to refer to your organisation's conduct & discipline rules to check the provisions for disciplinary action against any retired employee and if so, within how many years after the date of his retirement. But still for any criminal offence, unless that falls within the scope and description of any type of indiscipline under the conduct & discipline rules, that falls within the scope of the CBI only.

Rajendra K Goyal (Expert) 01 July 2014
what type of criminal case is pending with CBI. Refer your department service rules regarding departmental action after retirement.

Sudhir Kumar, Advocate (Expert) 02 July 2014
very very very vague query.

Please ask law pint with full facts. Do not set question papers for departmental promotion examination.

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