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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar
Himanshu Shekhar Tripathi – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. The petitioner namely, Dr. Himanshu Shekhar Tripathi is a retired Deputy Director (Administration/Commerce) of Mandi Parishad, Prayagraj. He has been served with the chargesheet dated 14th September, 2023 to hold domestic enquiry under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as Rules, 1999) read with Section 351-A of CIVIL SERVICE REGULATIONS (hereinafter referred to as “CSR”) in the matter of financial loss to the tune of Rs. 5.13 crores caused to the Mandi Parishad for his alleged conspiracy and mismanagement in procurement and sale of paddy and thereby committing embezzlement. He has also challenged the consequential charge sheet dated 5.12.2023 and has also prayed for a writ of mandamus for release of gratuity amount with further interest thereupon for delay and has also prayed for revised pay-scale benefits and consequential arrears of salary from 1/1/2006 till 18th Mach, 2011 as per office memorandum issued on 23rd August, 2023.
2. For assailing the institution of departmental enquiry and the chargesheet and questioning the act of respondents in withholding gratuity, Mr. Shah, learned Advocate appear
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....
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
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