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2019 Supreme(All) 1485

MANISH MATHUR
Sushil Kumar Seth – Appellant
Versus
State Of U. P. Through Prin. Secy. Public Works Deptt. Civil – Respondent


Advocates Appeared:
For the Appellant : Anurag Srivastava, Anurag Shukla, Anurag Srivastava

ORDER :

Manish Mathur, J.

1. Heard Sri Anurag Shukla, learned counsel for the petitioner and the learned State counsel appearing on behalf of the opposite parties.

2. The present petition has been filed seeking the quashing of the order dated 24.08.2004 whereby orders for recovery from gratuity of the petitioner have been passed alongwith the order for deduction of the pension of the petitioner by 30%. Further relief for not recovering the amounts indicated in the impugned order has also been sought.

3. As per the averments made in the writ petition, enquiry proceedings were initiated against the petitioner by issuance of the charge-sheet dated 05.09.1991 containing only one charge relating to the advance payments made by the petitioner to the contractor for execution of certain works authorized by the Department. It has been stated that reply to the same was submitted by the petitioner on 13.04.1992 whereafter the enquiry report dated 14.01.1993 was submitted against the petitioner. It has been stated that thereafter the matter kept pending and in the meantime the petitioner superannuated on 31.08.1997 whereafter the impugned order has been passed on 24.08.2004 i.e. after 13 years fro

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