Can’t issue memo against retired govt employee: HC

Madurai: Disciplinary proceedings against a government employee cannot be continued after his retirement in the absence of a specific clause in the employment rules providing for such inquiry. Saying so, Madras high court has set aside the charge memo issued to a Tangedco assistant executive engineer who challenged the same.
Justice M Dhandapani said that petitioner L Nagaraj worked as assistant executive engineer in the department for more than 33 years and retired without any blemish.Hence, the charge memo issued against him after his retirement is unsustainable. He was working in Tangedco at Pugalur in Trichy district and retired from service on June 30, 2014. After the petitioner’s retirement, there was a family dispute between the petitioner and his second son-in-law Vijaya Kumar.
Due to this, Vijaya Kumar made a complaint before the authorities stating that the petitioner misappropriated government money and purchased a property in his name while he was in service. Based on this complaint a charge memo was issued. Nagaraj challenged this in the present petition before HC Madurai bench in 2016. His counsel submitted that Nagaraj was allowed to retire and thereafter the charge memo was issued during November 2015, after a lapse of one and a half years and without following any provision of law.