• Deduction from pension

I voluntarily  retired frm KDMC a local self govt body Governed by  MCSR [MAHARASHTRA CIVIL SERVICES RULES]. Information commissioner Konkan Bhuvan ordered a disciplinary inquiry against me in one RTI case wherein I was PIO..This was ordered sometime in April 14 to be concluded & reported  to Info Commissioner in three months. I retired on 31/12/2014 .This inquiry started in April 15 resulted in levying Rs 50000/- to be recovered from my pension in 25 equal installments.
       I was given certificate on my retirement day that there is no inquiry pending or proposed against me. In spite of above situation can such monitory punishment be given when I was not in service but retired. Pl advise .Reg
Asked 2 months ago in Labour from Dombivli, Maharashtra
1) disciplinary inquiry was ordered while you were in service 

2) the order of commissioner imposing penalty of Rs 50000 has to be complied with inspite of you having retired 

3) your remedy is to file appeal against order 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
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Even after retirement the public servant can be penalized under RTI Act for the acts he did while he was in service. The amount can be recovered from his pension. 
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
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    I was given certificate on my retirement day that there is no inquiry pending or proposed against me. In spite of above situation can such monitory punishment be given when I was not in service but retired. Pl advise .Reg

Though you have been certified that no inquiry  pending on the date of retirement, this punishment was for the inquiry already initiated and concluded thereon, hence you have the opportunity only to prefer an appeal against this inquiry result with the higher authority or to file a writ  petition before high court seeking to quash the findings and set aside the decree awarded by the inquiry committee. 
You may decide accordingly after consulting a local advocate in this regard. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
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PL provide  court verdicts or GR nos for support.

The court verdicts in this regard may be sought from yor own advocate or by engaging the services of any other advocate.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0

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