No departmental enquiry after retirement, says high court

Departmental proceedings cannot be initiated against any employee of the state government or its undertakings after his or her retirement, the Bombay high court said recently.

Departmental proceedings cannot be initiated against any employee of the state government or its undertakings after his or her retirement, the Bombay high court said recently.

HT Image

Noting that there was no provision in Maharashtra civil services rules allowing initiation of departmental enquiry against any employee after superannuation, the division bench of justice DB Bhosale and justice KK Tated set aside departmental enquiry initiated by the Maharashtra Agro Industries Development Corporation against one of its regional managers, Sudhakar Rave.

Rave, who worked as head of Pune region of the state undertaking, had proceeded on leave in March 2008 because of health problems. Due to the health problem, he could not continue to perform his duties and decided to resign.

Accordingly he tendered his resignation, which was accepted on June 30, 2008. Almost a year later, Rave was served a memorandum of charge sheet for major penalty on July 15, 2009. Rave had approached the high court challenging validity of the departmental proceeding initiated against him.

His counsel Leela Malu said that departmental proceeding could not have been initiated against him, as there was no employer-employee relationship after accepting his resignation and relieving him of his duties.

She also pointed out the lack of provisions in the state civil services rules allow government departments or undertakings to initiate enquiry against any employee after superannuation. The court set aside the proceedings initiated against Rave.