Charge sheet/ de against ex-employees

The enquiry into any  misconduct can be conducted only against the employee, but in this case the employer employee relationship is severed, therefore the disciplinary enquiry is ruled out.  However, you can initiate criminal action for fraud which has come to light.

Once enquiry is finished  and the involvement of the ex-employee is proved then you can go for a criminal / civil case. Better to check thouroughly because the employees may try to involve the other person also and ultimately he may become the scape goat.

Regards - kamesh

thanks for your insight sir.

Your query is vague.  It is not clear whether employer is Govt or private. How old is the misconduct.  How old is the retirement.  Anyway FIR is not time barred.

The employer should conduct a thorough enquiry and only after being satisfied on the basis of established proofs, employer may proceed. If the ex. employee is not at fault, he /she may retaliate. The burden of proving the fraud is first on employer, who has to lodge a criminal/civil complaint.

I endorse Shri Soni ji's views albeit with precaution as burden of proof is on employer.

sir is enquiry is mandatory

Answer will be different if the employer is Govt and the employee joined another Govt organisation.