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HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, ALOK MAHRA
Rakesh Sinha – Appellant
Versus
State Of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. post-retirement enquiry into alleged fake taxi bills. (Para 1 , 2 , 3) |
| 2. enquiry violated natural justice and regulation 351-a. (Para 4 , 5 , 7) |
| 3. state justifies pension recovery for misappropriation. (Para 6) |
| 4. undisputed facts show delayed invalid proceedings. (Para 8 , 9) |
| 5. regulation 351-a requires governor sanction and full enquiry. (Para 10 , 11) |
| 6. pension recovery needs valid misconduct finding. (Para 12 , 13) |
| 7. impugned orders quashed; refund pension with interest. (Para 14 , 15) |
JUDGMENT :
Alok Mahra, J.
It is stated that the petitioner was working on the post of Chief Medical Officer (C.M.O.), District Rudrapur, and superannuated from service on 31.03.2015. After his retirement, a preliminary enquiry relating to alleged fake taxi bills came to light on 03.05.2016. The then Joint Secretary, Medical Education Department was appointed as the Preliminary Enquiry Officer, who submitted his report on 09.08.2016, wherein it was alleged that an irregular payment amounting to Rs.83,31,000/- had been made towards forged taxi bills. Pursuant thereto, a charge-sheet was issued to the petitioner calling upon him to submit his reply and also to indicate whether he des
Post-retirement proceedings under Regulation 351-A for pension recovery require Governor's prior sanction, four-year limit on events, and full dismissal-like enquiry. Absent compliance, proceedings v....
Post-superannuation fresh departmental enquiry invalid under Pension Rules 1982 Rule 27 after two service-period exonerations; no de novo without reasons/opportunity; mandates release of salary, pens....
Point of Law - It is a settled legal proposition that, once the Court set asides an order of punishment on the ground, that the enquiry was not properly conducted, the Court should not severely precl....
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
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