Can a person still be chargesheeted or penalised even after compulsory retirement from Govt. service?

Question

A friend of mine was compulsorarily retired from Food Corporation of India just a fortnight prior to his retirement. He is apprehensive that the FCI management, might chargesheet and penalise him for the irregularities, he never committed, even after the retirement from the service. Can any body guide him in this regard, Please oblige and guide him.

Answer 1

There is a difference between disciplinary action and penal action.

Disciplinary action is initiated against an employee by the employer for the misconduct of the employee. Definition of misconduct is wide enough to rope in any kind of misdeeds. Usually the organisation has prescribed set of rules for all misdeeds which you can check in the organisations manual, for clarity.

For initiation of disciplinary action relationship of employer and employee must exist. If the tenure of the employee is nearing supperannuation, usally the employer/company extends the tenure of the delequent employee so as to proceed against him departmentally.

Graver offences which attract penal provisions of the Indian Penal Code are different in scope and application. There is no limitation as such for prosecuting the person. And in such cases the prosecutor is the State and the employer plays only the role of a complainant.

You should have been more specific about the nature of offences/misconduct. I hope you are satisfied with the above explantion. If not mention the details and you will receive better suggestions.

Answer 2

It is possible that he would be charge-sheeted and even penalised if the irregularities are found to be true. if your friend is sure that he is not guilty then he has to make his case well with a good lawyer.however in my opinion,he must thank himself to be luck of having got retired earlier, otherwise all his retiring benefits would have been cut.these types of cases in the court drag for more than few decades,even if you are not guilty.If the amount involved is very high you have to protect yourself beforehand and get a proper assistance from a lawyer,who has to fight for you as well as get anticipatory things, well in advance. For, if anything like arrest is made ,even for getting a bail it would be very long.proving your innocence is other thing.but getting to a safer platform,so as to be free to fight you case, is a must and of top priority.advise your friend to act fast.I wish him all the best and good luck.I pray that he should not suffer in this elderly age,because of this problem , if he himself feels he is not guilty.

Answer 3

Retirement will not abate departmental or criminal action and both may run concurrently being separate proceedings. If innocent, he will be acquitted and exonerated of the charges, yet after a few years of struggle. He cannot receive any damages or compensation therefor.

Answer 4

Yes.