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2016 Supreme(All) 1189

DILIP GUPTA, MANOJ KUMAR GUPTA
MAHENDRA NATH PANDEY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Swarn Kumar Srivastava and Anil Kumar Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—These two petitions filed by a retired Assistant Engineer of the Public Works Department seek to challenge (i) the order dated 2 September 2009 by which the State Government has disapproved the report dated 27 January 2007 submitted by the Inquiry Officer in course of disciplinary proceedings held against the petitioner and considering the fact that the petitioner had retired on 31 July 2009 has directed for issuing fresh charge-sheet and for continuing the disciplinary proceedings in accordance with Regulation 351-A of the Civil Services Regulations (Regulation) and (ii) the order dated 15 April 2015 negating the claim of the petitioner for grant of second promotional pay scale on account of pendency of the disciplinary proceedings.

2. The main submission of learned counsel for the petitioner is that the charges relate to the alleged irregularities committed by the petitioner during the period May 1998 to June 2000 whereas he retired on 31 July 2009 on attaining the age of superannuation. Thus, the charge against the petitioner relates to an event which took place more than four years before the institution of the fresh proceedings against him



























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