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
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
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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
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.
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.