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Departmental enquiry against employee can't be held after retirement: HC 4/19/2014 11:21:33 PM Early Times Report srinagar, Apr 19: Jammu and Kashmir High Court has reiterated that departmental enquiry cannot be held against an employee after superannuation. Allowing a petition filed by a former officer in Handloom department, a single bench of the High Court has asked Government to release all the post superannuation benefits in his favour. "The short controversy raised in the instant petition relates to the benefits of the retired persons having been with held for his alleged embezzlement during his service," the court said. In such a situation, the bench said, only question for determination for the court is whether it is open for state respondents to withhold retirement benefits of a retired employee on the basis of allegations. "One does not need be a rocket scientist to find an answer to the question as the issue is well settled. The answer in unambiguous terms is emphatic no.," the court observed. The bench further observed that the pension is a hard earned benefit which accrues to the employee after giving best to the institution he served. The apex court, the bench said, has held that right to pension is right and state has no power to withhold the same. "In the instant case there is not even an executive order under which the pension benefits of the petitioner are withheld," the court said, adding, "Therefore this court find reason to interfere in the case. It is not open to respondents to initiate departmental enquiry against the petitioner as the law to that extent also is well settled. The division bench of the court has held that an employee who has retired from service cannot be subjected to departmental enquiry." In the circumstance, the court said that respondents are directed to release all post retirement bedsits to the petitioner from April 2010.   Share This News with Your Friends on Social Network     Comment on this Story

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