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2023 Supreme(HP) 97

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Bir Singh – Appellant
Versus
H. P. State Forest Dev. Corp. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Rakesh Kumar Dogra, Advocate.
For the Respondents:Mr. Rajesh Verma, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

The instant petition has been filed for the grant of following substantive reliefs:-

    i. That the impugned charge-sheet memorandum dated 08.11.2019 (Annexure P-1) qua the petitioners and the impugned order dated 18.08.2022 (Annexure P-5) passed by the respondent No. 1 may kindly be quashed and set aside being arbitrary, illegal, constitutionally void, discriminatory, cryptic and violative of the judgments rendered by the Hon'ble Apex Court in case titled as P.V. Mahadevan v. M.D. Tamilnadu Housing Board reported in 2005 (4) CTC 403 and also in case of Mahavir Prasad v. State of U.P. (AIR 1970 SC 302) and Rule 9(2) (b) (ii) of Chapter 9 of the CCS (CC&A) Rules, 1965, by issuing writ of Certiorari;

ii. That a writ in the nature of mandamus may kindly be issued, directing the respondents to drop the charges in respect of the petitioners with all consequential benefits and justice be done.

2. It is not in dispute that the petitioners were retired from service on attaining age of superannuation on 31.01.2013 and 29.02.2012, whereas the disciplinary proceedings have been initiated after the retirements by issuing memorandum on 08.11.2019.

3. In this backgrou

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