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SANJEEV KUMAR
Mukhtar Ahmad Bhat – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Order dated 28th May, 2021 issued by the Government of Jammu & Kashmir, whereby the petitioner has been served with Article of Charges and statement of imputation in support of each charge and has been asked to submit his written statement of defence, is made subject matter of challenge in this petition. The petitioner also prays for a mandamus to the respondents to settle, finalize and release his post retiral benefits i.e. monthly pension, gratuity and leave salary etc.
2. The impugned order of the Government is assailed primarily on two counts: –
(i) That the impugned order was served upon the petitioner after 31st May, 2021 i.e. after the date of his superannuation on retirement from service and, therefore, it was not permissible in law to hold any enquiry against the petitioner after his retirement.
(ii) That the impugned order, which is purportedly issued on 28th May, 2021, even if assumed to have been issued while the petitioner was in service, yet the respondent could not have continued with the enquiry after the retirement of the petitioner from service.
3. Before adverting to aforesaid twin grounds of challenge vehemently urged by the learned counsel for the
: In absence of rules and regulations providing to the contrary, disciplinary proceedings against a retired Government Official cannot be instituted or continued.
Article 168-A of the J&K Civil Services Regulations empowers the government to conduct departmental proceedings against a retired government employee to determine financial loss caused by the employe....
Point of Law - It is a settled legal proposition that, once the Court set asides an order of punishment on the ground, that the enquiry was not properly conducted, the Court should not severely precl....
Departmental proceedings against retired employees must comply with Article 351-A, requiring Governor's sanction and adherence to time limits for validity.
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