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ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Veenu Chaudhary S/o Late D. G. Chaudhary – Appellant
Versus
State of Chhattisgarh, through the Principal Secretary, Education Department – Respondent
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. Abhishek Pandey, learned counsel, appearing for the appellant. Also heard Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for the respondents.
2. This writ appeal is presented against an order dated 02.05.2022 passed by the learned Single Judge, in WPS No. 3171 of 2022, dismissing the writ petition.
3. The writ petition was filed assailing drawing of a disciplinary proceeding by issuance of a charge sheet dated 25.04.2022.
4. The petitioner was appointed as an Assistant Teacher (Science). The petitioner attained the age of superannuation on 30.06.2014.
5. An order dated 31.03.2016 was passed by the respondent No.1 by which the period of absence from duty for 22 years 9 months and 11 days was declared as dies non. The petitioner assailed the said order by filing a writ petition, registered as WPS No. 2238/2016 and the same was disposed of on 13.01.2022. At paragraphs 10 and 11, the learned Single Judge had observed as follows:
The central legal point established in the judgment is the requirement of obtaining the sanction of the Governor before initiating disciplinary proceedings against a retired government servant and th....
Delay in initiating disciplinary proceedings and unjustified nature of the action by the respondents can lead to the quashing of the punishment order and the direction to refund the deducted pension ....
Non-est proceedings cannot be validated by ex-post facto approval.
The main legal point established in the judgment is the limitation imposed by Rule 2.2(b) of the Punjab Civil Services Rules, Volume-II on initiating departmental proceedings for events occurring mor....
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