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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Natthulal Vastrakar S/o Ramu Vastrakar – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The present writ petition is being filed seeking following reliefs:-
“(i) That, this Hon'ble Court Court may kindly be pleased to quash the order dated 05.12.2022 and dated 30.01.2023 (Annexure P/1) passed by respondent no. 1 and also directed to the respondent no. 1 should be passed an order in favour of the petitioner to granted two increment from the date of revoking the suspension order and given payment to the petitioner within specific time.
(ii) Cost of the petition may to also be granted to the petitioner.
(iii) That, any other relief, which the petitioner is entitled and this Hon'ble court deems it fit may kindly, be granted to the petitioner.”
2. Facts of the case, in a nutshell, are that the petitioner was appointed in the Education Department of the State and served on the post of Upper Division Teacher. During the course of his service, he was subsequently promoted and ultimately served on the post of Principal. Upon attaining the age of superannuation, the petitioner retired from service on 30.06.2005 from the post of Principal, having rendered long and unblemished service except for the incident referred to hereinbelow. During his service tenure, the petitioner
Judicial review under Article 226 does not entail reappreciation of the merits of disciplinary decisions; finality of punishment orders must be respected unless clear jurisdictional errors are presen....
The court established that the suspension should be revoked after acquittal, and the subsequent criminal case did not bar revocation and retirement.
The authority has discretion under Rule 152 of the Gujarat Civil Services Rules to determine whether a suspension period should be treated as a period spent on duty, especially when acquittal is on b....
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
Disciplinary proceedings against a superannuated employee can continue if initiated during service, provided due process is followed, and penalties must be proportionate to the misconduct.
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