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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar
Himanshu Shekhar Tripathi – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner is a retired deputy director facing charges. (Para 1) |
| 2. petitioner argues against applicability of csr. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 3. respondents defend disciplinary actions referencing applicable rules. (Para 9 , 10 , 11 , 12 , 13) |
| 4. court analyzes csr relevance for mandi parishad employees. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. court concludes csr not applicable to mandi parishad. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. established principle against disciplinary action post-retirement. (Para 27 , 28 , 29 , 30 , 31) |
| 7. csr amendments affirm no punishment for non-pensionable positions. (Para 32 , 33 , 34 , 35) |
| 8. court details entitlement to gratuity under law. (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 9. second point concerning retirement benefits clarified. (Para 42 , 43) |
| 10. writ petition allowed; order challenged quashed. (Para 54 , 55 , 56) |
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) Rul
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.
Gratuity withheld pending departmental proceedings post-retirement under CCS Pension Rules; leave encashment and insurance must be released absent specific legal prohibition.
The Payment of Gratuity Act, 1972, is a beneficial welfare legislation that overrides internal service regulations. Forfeiture of gratuity is strictly limited to the specific conditions prescribed un....
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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