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RAJANI DUBEY
D. S. Thakur, S/o Late B. S. Thakur – Appellant
Versus
State Of Chhattisgarh, through the Secretary, Cooperative Department – Respondent
ORDER :
1. The petitioner has preferred the present writ petition praying for the following reliefs:-
ii. This Hon'ble Court be pleased to set aside the decision/order dated 15/2/2012 passed by the Respondent No. 2 (vide Annexure P/1).
iii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”
2. Brief facts of the case are that the petitioner was initially appointed as Assistant Registrar, Cooperative Societies through the Public Service Commission in the erstwhile State of Madhya Pradesh on 12.02.1982 and was posted at Bilaspur and thereafter he was promoted to the post of Deputy Registrar, Cooperative Societies and was posted at Jagdalpur. Further, the petitioner was prompted as Joint Registrar, Cooperative Societies and was posted as General Manager in the Integrated Co-operative Development Project (ICDP), Sidhi (M.P.). During the period of his service, the petitioner was transferred to different places and during 2004-2005 and 2005-2006, he was posted as Managing Director of C.G. State Cooperative Bank and from
The main legal point established in the judgment is the requirement for compliance with the principles of natural justice in administrative proceedings, particularly in matters involving major punish....
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
The court established that non-compliance with procedural requirements, particularly the supply of relevant documents, violates natural justice and invalidates disciplinary actions.
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension)....
The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
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