Departmental proceedings against a retired employee are without jurisdiction, and retirement benefits cannot be withheld after retirement.

1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the order dated 30.07.2011 and 02.08.2011 ordering enquiry against the petitioner as also the consequential order dated 30.07.2011 withholding the petitioners retirement benefits.

2. The petitioner was employed as the Secretary In-charge, Tirupur Co-operative Housing Society Ltd. and attained the age of superannuation on 31.07.2011 after rendering 39 years of service.

3. The case of the petitioner is that during his entire service carrier, he was not subject to any kind of disciplinary or criminal proceedings, rather he was given regular promotion, as he joined as a Peon on 19.06.1972 and attained the post of Secretary.

4. It is pleaded case of the petitioner that just a day prior to the retirement of the petitioner, on the complaint filed against functioning of the Society, an enquiry under Sec.81 of the Tamil Nadu Co-operative Housing Society Act, 1983, was ordered, on the allegation that loss of Rs.1.5 Crores was caused to the Tirupur Co-operative Housing Society by disbursing the arrears of salary to the employees on account of revision of pay and that there was misuse of funds in construction of additional class rooms for Tirupur Kumaran College for Women, being run by the Society.

5. The case of the petitioner is that there was no specific allegation or charge memo against the petitioner, as enquiry under Sec.81 was against the functioning of the Society in general without any employee being named therein.

6. The action of the respondents therefore in withholding the retirement benefits of the petitioner is totally arbitrary and cannot be sustainable in the eye of of law.

7. The writ petition is opposed by the learned counsel for the respondents on the ground that the enquiry against the petitioner was ordered, a day prior to the retirement and the respondents were justified in withholding the retirement benefits of the petitioner, pending enquiry initiated prior to the retirement.

8. It is also the stand of the respondents, that by way of impugned order, the retirement benefits of the petitioner have been withheld subject to the petitioner being exonerated in the enquiry. The petitioner therefore cannot have any grievance with the order passed, as it is not open to the petitioner to challenge the enquiry proceedings before this Court at this stage, as the petitioner has the remedy to take all the defenses in the enquiry proceedings.

9. On consideration, this Court finds that the stand taken by the respondents is totally misconceived. It is not open to the respondents to hold any departmental enquiry against the petitioner after the date of retirement as relationship of Master and Servant comes to an end. The departmental proceedings against the petitioner is prima facie without jurisdiction and cannot be a ground to withhold the retirement benefits.

10. This view find support from the judgment of this Court inthe case of K.Balasubramaniamvs. The Registrar of Co-operative Societies (Housing)and two others) (W.P.No.5074 of 2009 and M.P.No.1 of 2009 decided on 11.06.2009) holding therein as under:

"(7) On the other hand, the learned counsel appearing for the third respondent would submit that since the petitioner had been allowed to retire without prejudice to the charge memo issued to him, the third respondent can proceed with the disciplinary proceedings. However, I am unable to agree with the contention of the learned counsel appearing for the third respondent since when once the petitioner had been allowed to retire from service and he retired from service, the third respondent cannot proceed with the disciplinary proceedings. No doubt, the petitioner had been allowed to retire without prejudice to the charge memo issued to him. Even then, the third respondent cannot proceed with the disciplinary proceedings against the petitioner. This view has been taken by the Honble Apex Court a