Case Note & Summary
The petitioner, Shankar Shivling Swami, was employed as a cashier in the Municipal Council, Beed. He was suspended on 16 January 1991 on a charge of misappropriation. However, no departmental inquiry was initiated against him immediately. Criminal cases (R.C.C. No.170/1994 and 171/1994) were instituted against him, but he was acquitted on 12 May 2005. Meanwhile, the petitioner retired from service on attaining the age of superannuation on 31 March 2002. No departmental inquiry had been commenced before his retirement. For the first time, a departmental inquiry was initiated against him by an order dated 16 October 2008, more than six years after his retirement. The petitioner challenged this order by way of a writ petition. The court considered whether a departmental inquiry could be initiated against a retired employee. The respondent argued that the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 applied to municipal employees and that the inquiry was initiated under Rule 8 thereof. However, the court noted that Rule 8 provides for an inquiry before imposing a major penalty, but it does not authorize initiation of an inquiry against a person who has ceased to be an employee. The court observed that the respondent could not point out any rule permitting such an inquiry against a retired person. Consequently, the court held that the departmental inquiry initiated after the petitioner's retirement was without jurisdiction and quashed the order dated 16 October 2008. The petition was allowed, and rule was made absolute.
Headnote
A) Service Law - Departmental Inquiry - Initiation After Retirement - Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, Rule 8 - Petitioner, a cashier in Municipal Council, was suspended in 1991 on charge of misappropriation but no inquiry was initiated before his retirement on 31.3.2002. Inquiry was initiated for the first time on 16.10.2008, after retirement. Court held that no rule permits initiation of departmental inquiry against a person who is not an employee on the date of initiation. The inquiry was quashed. (Paras 3-6)
Issue of Consideration
Whether a departmental inquiry can be initiated against a retired employee after his retirement.
Final Decision
The petition is allowed. The order dated 16.10.2008 initiating departmental inquiry against the petitioner is quashed. Rule is made absolute.
Law Points
- Departmental inquiry cannot be initiated against a retired employee
- Maharashtra Civil Services (Discipline and Appeal) Rules
- 1979
- Rule 8
- Rule 9
- no jurisdiction over ex-employee
