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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Ramautin Kurre, W/o. Late Shri B.R. Kurre – Appellant
Versus
State of Chhattisgarh, Through The Secretary, Agriculture Development And Kissan Welfare And Bio-Technology Department – Respondent
| Table of Content |
|---|
| 1. details of petition and facts of the case. (Para 1 , 2) |
| 2. arguments against the legality of departmental actions. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of procedural irregularities. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. judgment on the validity of the appellate order. (Para 14 , 15 , 16) |
| 5. remitter order for reconsideration. (Para 17 , 18) |
Order :
AMITENDRA KISHORE PRASAD, J.
1. The present writ petition has been preferred against the impugned order dated 28.02.2023 issued by respondent No. 4 (Annexure P/1), whereby a recovery of Rs. 57,44,709/- has been made against the petitioner. Out of the said amount, a sum of Rs. 28,30,134/-, representing the retiral dues payable to the late husband of petitioner, Shri B.R. Kurre, has been adjusted towards the recovery, while the remaining amount of Rs. 29,14,575/- has been proposed to be recovered from the petitioner on the basis of the land records. The petitioner has further assailed the impugned order dated 05.10.2020 passed in the departmental enquiry proceedings, as well as the appellate order dated 16.12.2021 (Annexure P/2) and prayed for following reliefs :
10.1 That, the Hon'ble Court may kindly be pleased to issue
Departmental inquiry must comply with principles of natural justice; lack of fair hearing and reasoning in appellate decisions render them invalid.
The court emphasized that disciplinary actions must uphold natural justice, and punitive measures cannot be taken without appropriate evidence and procedures, especially post-retirement.
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....
Point of Law : There can hardly be any doubt that no person can be allowed to misappropriate money belonging to any institution be it public or private. To punish such a person, the law would require....
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
Mistakes in implementation of disciplinary proceedings do not invalidate findings against impersonation if the misconduct is substantiated. Delays in proceedings, while regrettable, do not excuse fra....
The court established that the standard of proof in departmental proceedings is 'preponderance of probability', allowing for disciplinary action even if a related criminal charge is not proven beyond....
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