By this application filed under Article 226 of the Constitution of India the petitioner Sari Iruagbain Daoji Singh has thrown a challenge to the departmental proceeding that was drawn up against him by Memo No. 2 152/80-V(D) P, dated 29th April, 1981 contained in Annexure A/2.

2. The short facts necessary for disposal of this writ petition are that petitioner who was inspector of Schools under the Education Department, Government of Manipur retired on superannuation on 1.3.1981 AD (Annex­ure A/1). But the respondent No. 1 (State of Manipur) issued a Memo dated 29th April, 1981 forwarding therewith a departmental proceeding drawn up against the petitioner in accordance with Rule 14 and 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (Annexure A/2). It was received by the petitioner on 26.5.1981 and soon after receipt of this communication the petitioner submitted a representation on 8.6.1981 (Annexure A/3) to the Chief Secretary, Government of Manipur with a prayer for revocation/withdrawal of the said memo dropping the proceeding on the ground that the petitioner had already retired on superannuation, But the petitioner was not favoured with any reply. So, the petitioner again submitted another representation to the Chief Minister, State of Manipur for withdrawal of the aforesaid departmental proceeding (Annexure A/4). But this time also petitioner did not get any response. On the other hand, he got the communication namely, Order No. 2/152/80/V (D)/P contained in Annexure A/5 whereby respondent No. 2 appointed respondent No. 2 as enquiring authority. Accordingly, respondent No. 2 fixed the date on 26.11.81 for further proceeding of the matter. The petitioner therefore contended that such a proceeding after retirement is not permissible and it should be dropped.

3. The respondents resisted this writ petition by filing a counter-affida­vit wherein it was averred that sometime in the second week of December, 1980 a scandal appeared to have taken place in the office of the Inspector of Schools, Central District Zone No. 2 at Porompat in respect of encashment of medical reimbursement bills amounting to Rs.7,86,123.51 during the period from 10.1.80 to 29.11.80. The petitioner was the Inspector of Schools at the relevant time and the preliminary enquiry which was conducted against him revealed that while functioning as Inspector of Schools, Central District Zone No. 2 at Porompat, the petitioner in violation of the financial propri­ety and the Government's order, incurred Rs.7,42,202.18 during May to November, 1980 on medical reimbursement hills of employees and he sanctio­ned bills amounting to Rs. 1,06,423,20 only out of the above total sum of Rs.7,42,202.18 in violation of the Government Order No. 3/2/80-F (RM) dated 1.9.80 of the Finance Department which restricted claims of medical reimbursement by putting a ceiling limit of Rs.300/- only and also required that the claim exceeding Rs.300/- be put up under signature of the Head of the Department. It was further alleged that he had also sanctioned 250 bills amounting to Rs.2,19,211.15 in utter disregard and violation of the valid order bearing No. 14/1-59/79. Ed (Pt) 2, dated 3.2.80. It was thus alleged that while functioning as responsible Government servant the petitioner failed to maintain absolute integrity and devotion to his duties and thus violated the provisions of Rule 3 of CCS (C) Rules, 1964 and thereby caused heavy pecuniary loss to the Government.

4. It was therefore, decided by the Government of Manipur that a disciplinary proceeding should be drawn up against the petitioner for his such unbecoming acts causing heavy financial loss to the Government and accor­dingly with the previous permission of the President under the provision of Article 351A of Civil Services Regulations which were repealed by the Mani­pur Civil Services (Pension) Rules, 1977 (which came into force from 1.1.77) the departmental proceeding in question was drawn up

Click Here to Read the rest of this document