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2008 Supreme(All) 149

YATINDRA SINGH, RAN VIJAI SINGH
RAJYA KRISHI UTPADAN MANDI PARISHAD – Appellant
Versus
PUBLIC SERVICES TRIBUNAL U. P. – Respondent


Advocates:
Counsel :
B.D. Mandhyan and Udai Chandani for the Petitioners; R.K. Awasthi for the Respondents.

JUDGMENT

Hon’ble Yatindra Singh, J.—The main question involved in this writ petition is, whether—in absence of any rule or regulation—disciplinary proceedings can continue after a charged employee attains the age of superannuation.

The Facts

2. Respondent No. 2 (the contesting respondent) was the Secretary of Krishi Utpadan Mandi Samiti, Agra. It is a class-III post. He was earlier a Government employee but was absorbed in the service of the State Agricultural Produce Market Board (the Board). His services are governed by the U.P. Agriculture Produce Market Committees (Centralised) Services Regulations, 1984 (the Service Regulations).

3. The contesting respondent was given a charge-sheet on 12.12.1985 that included ten charges. He was also suspended on 25.1.1988. He was given second charge-sheet on 3.8.1988. The second charge-sheet included five charges.

4. The inquiry officer submitted his report on 29.8.1988. The inquiry officer held that :

First charge sheet— Charge No. 4 and charge No. 10 partly proved.

Second charge sheet—Charge Nos. 3 to 5 proved.

5. The disciplinary authority partly disagreed with the findings of the inquiry officer in respect of some of the charges that were





























































































































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