Home | Legal Advice | Free Advice | Can I request for disciplinary proceeding against PDO?

Can I request for disciplinary proceeding against PDO?

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.

Question from: Karnataka

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.

Lawyer’s advice

Signature of witness required to probate a notarized will?

Question: I want to know whether the signature of a witness is required to probate a notarized will. I purchased a property and the owner left me a notarized will. He gave me the right for transfer, sale, mortgage. Her legal  heir (2 sons) have no intention to...

Residential building in industrial land

Question: We have around 20 houses built in Industrial Alienated Land, and only 3 industries are running around our area. Now one of the industry people is building a new building where he was doing business by demolishing the old building. As we residents are...

Can my sister sue my children for partition?

Question: Can my sister sue my children for partition of ancestral property? I got the land from my father but I have given it to my children. We are two brothers and one sister. I’m the youngest. After the death of my father his property devolved upon me and my...

Husband don’t want to live with his wife.

It's my arranged marriage. I want to live with my husband, he is working in another state and me staying with his parents. His parents and my husband don't want me to stay with him. Now they tortured me to leave that place so that they will marry their son. What...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54