disciplinary proceedings after superannuation

In some service Rules State has been given the power to extend the period of service on public grounds. when no disciplinary proceedings were pending against an employee on the date of retirement except that the civil servant was suspended from service on the day of his proceeding on leave preparatory to retirement then the extension of his service can not be said to be on public grounds merely because there was a possibility of starting departmental proceedings in future. Moreover, the State must make up its mind before the actual retirement whether his service should be extended. An employee against whom an order of suspension is made before retirement can not be forced to remain in service against his will for an indefinite period only for the purpose of proposed enquiry. State of assam vs Padama ram Vohra AIR 1965 SC 472.

Yes, of course, if the service regulations have provisions to that effect.  There are some latest Supreme Court  as well as High Court judgements  on this issue.

You may  also refer SC judgement reported in (2008) 5 SCC 257 - UCO BANK V/S. RAJINDER LAL CAPOOR .

You may  also refer SC judgement reported in (2008) 5 SCC 257 - UCO BANK V/S. RAJINDER LAL CAPOOR .

Dear Learned Sh. Assumi,

Pl. supply a copy of judgement  State of Assam vPadama ram Vohra, AIR1965 SC 472 and oblidge. thank u in advance.

k.K.Jandial

Please Help!

My father has been suspended on his retirement day in june 2006 pending enquiry into losses to govt due to incorrect  land valuation ( Land Registration Dept. Govt of tamilnadu). He has been kept on work extension with substitute pay instead of pension. The enquiry after several delays has been over with no losses found in all cases except two or three. He has agreed to pay it and on that condition he was allowed to retire from feb 2009. However, the officials at his last serving office who are responsible for claiming his amount from treasury were still claiming and giving him susbtitute pay instead of pension till last month and the treasury officer( STO) has been delayed payment from this month stating the above reason. My father is under mental torture due to all this issuesand ill health for 4 years now after retirement and he has been running pillar to post to get his monthly amount ( pension or substitute pay). He is afraid to raise ity legally also as he fears it might further delay his pension and also he will loose getting any monthly income during the period of ligitation.

My questions are:

1. Is it legally valid to delay pension due to all this for 5 yrs?

2. What are our remedies in current scenario?

3. Is it possible to ensure uninteruppted monthly amount even if a case is filed as he lives on this amount only.

4. the officials i have spoken about this are just saying they are doing their best and are just blaming each other and i feel lost in these govt apathy and rules.

Kindly help us to a solution. Please reply if you need any further information.

Thank you,

Vasanthraj.C

Query is vague.  Both one.  Itis not indicated as to who is the employer Centra/State Govt, PSU, local nbody or private company

@Sudhir Kumar,

I don't think the query is vague. He has raised 4 questions with reference to the background of the case. The querist has also clearly made a mention of the department, as Land Registration Dept. Govt of tamilnadu.

Dear Dr. Tripathi,

Disciplinary proceeding under major penalty charge sheet, if starts during service period of an employee can continue under Rule 9 of the CCS (Pension) Rules, even after his superannuation till finalisation of the case. If that is a minor penalty case, th same has to be settled before retirement of the employee.

Disciplinary proceeding, if that is under CCS (CCA) Rules, can also be started against a central Government employee after his retirement, if the offence has been committed within the last four years of the date of issue of charge sheet. Rules of States also follow the pattern of the CCS (CCA) Rules, 1965. However, Presidential approval is necessary to issue charge sheet in the case of Central Government employee. Similar is the provision of approval of the Governor of State's approval in the case of a State Government employee.

Dear Vasanthraj,

First of all suspension on the last day of retirement was quite unjustified. Retirement on superannuation cannot be postponed in any case merely on the ground of suspension. Suspension was required to be revoked before issue of order of retirement. You father was required to be retired on due date and provisional pension would have been granted to him till the finalisation of the case. Final pension was required to be granted after decision on the case.

A major penalty charge sheet, if due, could however be served to your father to continue  with the procedings even after retirement. The case of minor penalty charge sheet, if served, was required to be finalised even before his retirement.

There seems grave irregularities to have been committed on the part of the officers of the department on account of their ignorance due to which only they seems to be not able to settle the case. Rather, your father  can get disciplinary action initiated against such erring officers for committing such irregularities of issuing order of suspension, not issuing order of retirement, not granting any pension and paying subsistance allowance even fter retirement instead of granting due pension.

For appropriate remedies, you may therefore need to consult some expert in service laws and show him all the relative papers instead of spoiling the case any more merely by adopting hit and trial methods.

PS Dhingra

[dcgroup1962@gmail.com]

I endorse the views of Mr.Dhingra on the issues raised by  Mr.Vasanthraj.

I am also want to clarify the following things:

1) One of the Public Sector Undertaking MD (under the control of TN) was placed on suspension on the last of working day of his service (ie. on the date of retirement) due to some vigilance (anti corruption) charges.

2) Govt. changed and hence framing charge sheet and enquiry formalities are still pending.

3) In the meanwhile the subsistence allowance step by step increased (ie. 75 % after 90 days and 100% after 180 days) and presently being paid with 100% (ie. he is safely earning more than the pension amount (if he normally retires and the calculation of pension if made on the routine course) without doing anything.

4) How this much of amount will be adjusted

It is not clear from the query of Mr vasraj s to how much amount was involved.  This is a relevant factor to observed whether at all suspension could have been justified,. The questin raised by Mr Vasnral as as under :-

1. Is it legally valid to delay pension due to all this for 5 yrs?
 

Ans : yes it is fully justified to withhold pension till finalisation of proceedings.  However that does not mean that he looses right to speedy trial. It is not clear at which stage he confessed the cahrges by agreeing to bear the loss of revenue.  After this confession there is no justification to continue proceedings and the penalty of cut in pension could have been the only end of the case. It is also not clear as to how proceedings delayed whether due to the reasons atribuable to Govt or to charged Officer. It is also not clear as to what was the amount involved.

2. What are our remedies in current scenario?

 Ans : Apprently there could be a writ in High Court for early finalisation of case.

3. Is it possible to ensure uninteruppted monthly amount even if a case is filed as he lives on this amount only.

 Ans : Interim pension was his right from the date of superannuation. In all these five years he did not file any litigation for this. I do not know whether Mr Vasraj has misunderstoodinterim pension which he calls as subsistance pay.  There is also no provision unless Tamil Nadu has seperate provision, in Govt to retire a persion in 2009 when his date of superannuation was in 2006. This amounts to giving extention of service to suspended employee.

4. the officials i have spoken about this are just saying they are doing their best and are just blaming each other and i feel lost in these govt apathy and rules.

 Ans : Once a writ is filed it is against the whole state.
 

Mr Dhingra has alrady given considred views that he should consult service law expert with complete documents.