Legal Advice

Can I request for disciplinary proceeding against PDO?

Query

I have filed complaint on one Govt employee who is a retired PDO in department of Zila Panchayat, on him FIR lodged in concerned police station. Now can I request for disciplinary proceeding against him? Is it possible or not and to whom should I request  to the same? Please suggest me Sir. Thanks.

Advice

You cannot request for disciplinary proceeding against him because he has retired from the government service. If he did illegal act in discharge of his official duty then you can approach the government to take legal action against him. Also there is four years time period for initiating criminal proceeding against the retired government employee.

Now he is not a government servant. Hence, you can initiate normal criminal proceeding which is done in respect of a general public. You can file a complaint if offence is non cognisable. If offence is cognisable then you can lodge an FIR. However, you have already filed an FIR so you should not approach the government and request for initiating any disciplinary proceeding.

Disciplinary proceeding

Article 309 of the Constitution of India empowers the state to prescribe conditions of service and regulate disciplinary proceedings against government servants. The object behind the disciplinary proceeding to punish the government servants for corruption, misbehavior, misconduct, negligence or inefficiency. State and Central Government have framed service rules to regulate the entire disciplinary proceeding including punishment.

When the officer ceased to be the government servant then government cannot initiate department proceeding against him. If you request for disciplinary proceeding the authority will reject your request. Therefore, it is better to approach the court instead of government.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Service & Labour

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