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2016 Supreme(All) 1424

SUDHIR AGARWAL, K.J.THAKER
RAM NIYADI RAI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
G.K. Singh and V.K. Singh for the Petitioner; C.S.C. and M.A. Qadeer for the Respondents.

JUDGMENT

By the Court.—Heard Sri G.K. Singh, learned counsel for petitioner and Sri M.A. Qadeer, learned Senior Advocate appearing for respondent No. 1.

2. The writ petition is directed against the order dated 19.2.2004 passed by respondent-1 imposing punishment of reduction of pension by fifty per cent and forfeiture of entire gratuity.

3. Petitioner was working as Accounts Officer in the Office of Basic Shiksha Adhikari and retired on 31.1.1998. Before his retirement, a charge-sheet was issued to him on 17.1.1997 which was replied by him and thereafter Enquiry Officer submitted enquiry report which has culminated in the impugned order of punishment.

4. Counsel for petitioner submitted that enquiry has been continued after retirement of petitioner under Article 351-A of Civil Services Regulations (hereinafter referred to as “CSR”), which provides that procedure for enquiry would be same as is applicable in the case of major penalty but in the present case, no date, time or place for oral enquiry was ever fixed and after receiving reply from petitioner, Enquiry Officer submitted enquiry report and thereafter punishment order has been passed. In this regard, specific averment has bee































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