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No inquiry after retirement, says Court

Departmental inquiry against an employee cannot be continued after his retirement unless it is specifically provided for by the law, Bombay High Court has ruled.

mumbai Updated: Feb 15, 2010 01:26 IST

Departmental inquiry against an employee cannot be continued after his retirement unless it is specifically provided for by the law, Bombay High Court has ruled.

Dhairyashil Jadhav, the petitioner, retired from Maharashtra Agro Industrial Development Corporation Ltd (MAIDC) in December 2003. His relieving letter certified that he had “made valuable contribution to the organisation”.

However, he was not paid the gratuity. When he applied for it in 2005, according to the petition, departmental inquiry was initiated against him for “misconduct”.

He challenged the inquiry by moving the High Court.

MAIDC argued that he had been served a memo on the day he retired, and relieving letter was subject to the inquiry.

However, Jadhav's lawyer said that though Maharashtra Civil Services (Pension) Rules, 1982, provide for continuation of inquiry, MAIDC never adopted these rules.

In the absence of specific provision, inquiry cannot continue after retirement, it was argued.

The division bench of Justice F.I. Rebello and Justice A.R. Joshi agreed with the petitioner's contention.

The court held that there was no provision in the Maharashtra Civil Services (Discipline & Appeal) Rules — applicable to MAIDC — on continuation of inquiry. “It is clear that only in the event that there is a provision for continuing the inquiry, it can be continued,” Judges said, giving relief to Jadhav.