V.C.MISRA, AMITAVA LALA
LAKHAN LAL AHIRWAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Hon’ble Amitava Lala, J.—The petitioner was initially appointed to the post of Sub District Inspector of Schools. Later on he was promoted to the post of District Inspector of Schools and at the time of superannuation dated 281 February, 2006 he was holding the post of Vice Principal in D.I.E.T. Charkhari, Mohaba.
2. In the year 2001 when the petitioner was posted as District Inspector of Schools, Jalaun, the respondent No. 1 vide order dated 21st June 2001, placed him under suspension by exercising provisions of Rule 4 of the U.P.Government Servant (Discipline and Appeal) Rules 1999. Enquiry against him was contemplated in view of Rule 7 therein. Departmental proceeding had initiated on 21st June, 2001 and till date of retirement on 28th February, 2006 the same had not been concluded in spite of favourable enquiry report given by the Enquiry Officer on 6th April, 2004.
3. The petitioner’s contention is that in view of item No. 17 of the Time Schedule under the U.P.Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995, the pending departmental proceeding as against the retired employee must be completed within six months after retirement. However, respondent
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