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2018 Supreme(Jhk) 2052

SHREE CHANDRASHEKHAR
Abdul Rajak – Appellant
Versus
Central Coal Fields Limited – Respondent


Advocates Appeared:
Yogendra Prasad, Adv., Pooja Kumari, Adv.

JUDGMENT

Shree Chandrashekhar, J. – Prayer in the writ petition is for a direction upon the respondents for payment of pension and other postretiral benefits to the petitioner.

2. The petitioner who was appointed on 21.09.1978 under Pindra Colliery was served a superannuation notice dated 06.09.2011 indicating his date of retirement on 30.09.2011. In the counteraffidavit, the respondents have disclosed that on a complaint received from one Amelun Khatoon alleging that the petitioner secured employment through fraudulent means an enquiry was instituted. During preliminary enquiry, the petitioner has admitted the fact that he is not the brother of Smt. Amelun Khatoon rather, he is related to mother of Smt. Amelun Khatoon. Before initiation of the enquiry proceeding, a chargesheet dated 01.08.2011 was issued to the petitioner to which he submitted his response on 19.08.2011. Finding his response not satisfactory, a departmental proceeding was initiated on 29.08.2011. In the inquiry proceeding, the petitioner participated and finally the enquiring officer submitted a report on 29.09.2011, finding the charges levelled against the petitioner proved. In the meantime, the petitioner superan

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