Legal Proceedings after Retirement
6 months ago
I had retired from service in August 2023.
Now, I had some incomplete paper works during service period. I also admitted the mistakes in writing to the management and completed most of them. Still I had some incomplete paper works before retirement.
I have got all my dues from the company.
Now my question is that –
1) Can company take legal action against me for my incomplete paper works, showing my written admission of mistake in writing ?
2) Please also mention the time period, during which the company can take legal action against me.
A.Dear Client,
From the contents of your query, it is not clear whether you were employed in PSU or the Private Sector. However, regardless of your employment sectors, it is to inform you that incomplete paper works during the service period itself proves a dereliction on the part of an employee and amounts to misconduct which was admitted by you in the course of disciplinary proceedings while you were in employment and accordingly, you are accountable for the commission of said proven misconduct even after your retirement and receipt of retirement benefit. Depending upon the nature of the misconduct and injury caused to the department for the same, the employer can take legal action against the retired employee both under CPC and IPC following the provision of the Limitation Act, 1963 that specify the time limit for the prosecution that starts from the date of cause of action.. A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari of the Supreme Court ruled out in an appeal arising out of an order of the Karnataka High Court that the requirement of sanction under Section 19 of the Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement for the offense committed during the service period. The Orissa High Court in the case of Tapan Narayan Mohanty v. Odisha State Seed Corporation Limited, 2023 SCC OnLine Ori 2404, Decided on: 11-05-2023 held that that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules. So, in view of the aforementioned averments of the Apex Court and High Courts, if any legal action is initiated against you in the post-retirement period, you need to contact an Advocate having experience in service matters to defend the case suitably in the Court.
From the contents of your query, it is not clear whether you were employed in PSU or the Private Sector. However, regardless of your employment sectors, it is to inform you that incomplete paper works during the service period itself proves a dereliction on the part of an employee and amounts to misconduct which was admitted by you in the course of disciplinary proceedings while you were in employment and accordingly, you are accountable for the commission of said proven misconduct even after your retirement and receipt of retirement benefit. Depending upon the nature of the misconduct and injury caused to the department for the same, the employer can take legal action against the retired employee both under CPC and IPC following the provision of the Limitation Act, 1963 that specify the time limit for the prosecution that starts from the date of cause of action.. A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari of the Supreme Court ruled out in an appeal arising out of an order of the Karnataka High Court that the requirement of sanction under Section 19 of the Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement for the offense committed during the service period. The Orissa High Court in the case of Tapan Narayan Mohanty v. Odisha State Seed Corporation Limited, 2023 SCC OnLine Ori 2404, Decided on: 11-05-2023 held that that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules. So, in view of the aforementioned averments of the Apex Court and High Courts, if any legal action is initiated against you in the post-retirement period, you need to contact an Advocate having experience in service matters to defend the case suitably in the Court.
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A.Dear Client,
Our legal team may require to review your employment contract and any relevant company policies. These documents may outline your responsibilities and the consequences for failing to fulfill them. It's important to understand the terms and conditions of your employment. In India, there is a statute of limitations for various legal claims. The specific time period within which a company can take legal action against you may vary depending on the nature of the claim. Generally, civil claims have a limitation period of 3 years from the date the cause of action arose. The severity of the mistakes and whether they caused significant harm to the company may impact the company's decision to pursue legal action. If the issues were relatively minor or didn't result in substantial losses, the company may be less likely to take legal action. You mentioned that you admitted to your mistakes in writing and took steps to rectify them. This may work in your favor as it shows your willingness to correct any errors. However, whether this provides legal protection depends on the specific circumstances.
Our legal team may require to review your employment contract and any relevant company policies. These documents may outline your responsibilities and the consequences for failing to fulfill them. It's important to understand the terms and conditions of your employment. In India, there is a statute of limitations for various legal claims. The specific time period within which a company can take legal action against you may vary depending on the nature of the claim. Generally, civil claims have a limitation period of 3 years from the date the cause of action arose. The severity of the mistakes and whether they caused significant harm to the company may impact the company's decision to pursue legal action. If the issues were relatively minor or didn't result in substantial losses, the company may be less likely to take legal action. You mentioned that you admitted to your mistakes in writing and took steps to rectify them. This may work in your favor as it shows your willingness to correct any errors. However, whether this provides legal protection depends on the specific circumstances.
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