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J. J. MUNIR
Rajpal Singh Sengar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
This writ petition is directed against an order dated 13.3.2020 passed by the Deputy Director, Administration and Distribution, Rajya Krishi Utpadan Mandi Parishad, U.P., Kanpur, ordering initiation of departmental proceedings against the petitioner, a retired Mandi Nirikshak. A writ of mandamus is also prayed by the petitioner to be issued, commanding the Secretary, Rajya Krishi Utpadan Mandi Parishad, Kanpur Nagar to pay a sum of Rs. 1,33,000 towards the petitioner's salary, revised according to the Seventh Pay Commission and a sum of Rs. 1,42,000 in gratuity, alongwith interest at the rate of 10% per annum.
2. The facts giving rise to the writ petition show, in substance, that the petitioner was a Mandi Nirikshak in the employ of the Rajya Krishi Utpadan Mandi Parishad. He retired from service, upon attaining the age of superannuation, on 31.5.2016. The petitioner belonged to the Uttar Pradesh Agricultural Produce Market Committees Centralized Services. The conditions of the petitioner's service were governed and regulated by the Uttar Pradesh Agricultural Produce Market Committees (Centralized Services) Regulations, 1984 ('the Regulations of 1984' for sho
Departmental proceedings against retired employees must comply with Article 351-A, requiring Governor's sanction and adherence to time limits for validity.
Point of Law : contents of the first charge-sheet reveal that it pertains to an alleged mis-conduct of the petitioner at the time of his initial appointment. Therefore, there cannot be any valid sanc....
Point of Law : contents of the first charge-sheet reveal that it pertains to an alleged mis-conduct of the petitioner at the time of his initial appointment. Therefore, there cannot be any valid sanc....
The show cause notice for recovery from a retired employee must have the necessary sanction of the Board of Directors, as per Regulation 351-A and Rule 9(1) of U.P. Retirement Benefits Rules, 1961.
Institution of post-retirement disciplinary proceedings is invalid without specific provisions in applicable regulations, necessitating prior government sanction for such proceedings.
The applicability of Civil Service Regulations depends on employment nature; disciplinary proceedings cannot continue against retired employees without specific provisions, and gratuity cannot be wit....
Departmental proceedings against retired employees cannot be instituted under Civil Service Regulations if the post is non-pensionable; gratuity cannot be withheld without meeting statutory condition....
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