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2015 Supreme(All) 3767

B.AMIT STHALEKAR
Chatter Sen – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Ashutosh Tripathi
For the Respondent: C.S.C.,Mohit Singh

JUDGMENT

B. Amit Sthalekar, J.

Heard Sri Ashutosh Tripathi, learned counsel for the petitioner, Sri Mohit Singh, learned counsel for the respondent no.2 and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondent no.1.

2. The petitioner, who was working as Regional Manager in the Regional Office, District Meerut, has retired from service on 31.12.2006. Prior to his retirement departmental proceedings were initiated against him on 08.02.2005 on allegations of causing storage loss of Rice in the U.P. State Warehousing Corporation. The enquiry could not be concluded and thereafter the petitioner retired from service on attaining the age of superannuation on 31.12.2006. By the impugned orders dated 19.08.2010 damages amounting to Rs.72,123.75/- has been imposed against the petitioner by way of penalty and by the order dated 08.11.2013 recovery of Rs.1,15,753.50/- has been issued against the petitioner.

3. The contention of the learned counsel for the petitioner is that the provisions of Article 351 -A of the Civil Service Regulations do not apply to the employees of the State Warehousing Corporation and therefore after the retirement of the petitioner no recovery c

















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