1. After the retirement of the government official no disciplinary action can be taken.

2. However there is no restraint for registering a FIR on the complaint of the person raising allegations.

3. once that is done the investigating authority can gather evidence which does not include your voice sample.

4. Only with he permission of the court the investigating authority can ask for your vice sample by you have every right to refuse to give your voice sample as the accused person can not be forced to testify against himself.

Firstly, Sir, once a complain has been made to any investigation agency theie task of inquiry begins.

Secondly, if you would not allow them to take your voice recording then they may take it as you are somewhere involve in it, and also they can get the permission for the same.

Thirdly, and if you know that there is nothing wrong which you may have done it then you should cooperate with them.

Fourthly, there always be a procedure for every work to be completed in the government department as had you also performing as per those.

You should fight for your innocency.

Good Luck...!

Unless until you proved guilty you need not worry in this case. Your above statement says that he is demanding graft from you, if it is true you may lodge a complaint in the police station. Second, he lodged a complaint to ACB with regards to payment ACB may have a right to ask your voice sample provided they come in the proper channel. You appoint a lawyer and go through him. You may refuse it is not genuine and without proper process.

1. Yes ACB can take steps against the retired officers, further you can file quashing before high court directly for staying investigations and quashing FIR.

2. See ACB has power to summon and take evidence you cannot refuse because otherwise they shall get a warranty against you.

1. For alleged acts of corruption done during service the FIR can be registered even after retirement and the person prosecuted.

2. You are free to refuse to give the voice sample.

Dear Client,

Without court order, voice sample cannot be taken and the issue is subjudice before Supreme Court,

Can Investigating Agencies Be Permitted To Take Voice Sample Of The Accused? SC To Decide...

Criminal liability cannot be absolved for an act committed while in job, after retirement.

You can straight away refuse to give sample, any force ful sample evidence has no credence in court.

Dear Sir,

Until and unless the High Court restrain the ACB authorities from voice recording and further investigation they have powers. Even up to 4 years of retirement a case can be put against the govt. servant. If FIR filed challenge it. If not found approach the HC and take a stay order from investigation by ACB.

=====================================================================================

(i) shall not be instituted save with the sanction of the Government.

===========================================================================================15. The Rules 214(2)(b), 214(6)(a) and 214(6)(b) of KCS (CCA) Rules are the relevant provisions which are necessary so far as this case is concerned which deals with the Departmental proceedings against a retired Government servant and for withholding or withdrawing pension for misconduct or negligence by the retired Government servant. For the purpose of meaningful understanding and discussion, we would like to extract the relevant portion of the said rules i.e., 214(1)(a) &

(b), 214(2)(b) and (b), as under:

[214 [(1)(a) Withholding or withdrawing pension for misconduct or negligence.- The Government reserve to themselves the right of either withholding or withdrawing a pension or part thereof, whether permanently or for a specified period, if in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service including the service under a foreign employer and the service rendered upon re- employment after retirement.

(b) Recovery of pecuniary loss from pension: The Government reserve to themselves the right of ordering recovery from a pension, the whole or part of any pecuniary loss caused to the Government or to a foreign employer under whom the Government servant has worked on deputation or otherwise. If in any departmental or judicial proceedings, the pensioner is found guilty of grave negligence during the period of his service, including the service rendered upon re- employment after retirement:

2. (b) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re- employment.

(i) shall not be instituted save with the sanction of the Government.

========================================================================================

Karnataka High Court

Dr. M Basappa Reddy vs State Of Karnataka on 1 April, 2016

Author: Mohan M. K.N.Phaneendra

1

1. Since a complaint has already been lodged before it, the ACB police will enter into the investigation and then if it is found to be false then they may drop the matter as closed due to unfound allegations.

Let them investigate the matter, since you are confident that this is a false cae, you can cooperate with the police on the basis of documentary evidences in your support.

2. For this voice sample test, they may have to obtain permission from the judicial magistrate concerned, you can refuse to give voice test if they approach you directly, let them file an application before court, obtain the permission , the court may decide to grant permission after hearing both the sides.