Excelsior Correspondent
Srinagar, Apr 19: Jammu and Kashmir High Court today directed that no retired employee can be subjected to inquiry by the Government.
Justice Ali Mohammad Magray today directed the State Handicrafts Department to process, settle and release the pensionary benefits of a retired employee who has been accused of misconduct and embezzlement by the department after his retirement.
Court while disposing of the writ petition of the retired employee, Abdul Samad Zulla of Srinagar, said that the department cannot start inquiry against Zulla as per the law.
The bench cited a judgment of 2000, saying that no Government department can initiate inquiry against a retired employee.
The bench said that the pension of any employee is his property and Right to Property is available to every individual as per Article 300 (A) of the Indian Constitution, adding that as per Supreme Court no State has the power to withhold pension of any employee.
Zulla, who retired as Assistant Director in March 2010 from State Handicrafts Department was accused of misconduct and embezzlement during his service period by the department.
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