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VIVEK RUSIA
Toofan Singh Raghuvanshi – Appellant
Versus
Managing Director M. P. State Civil Supplies Corporation Ltd. – Respondent
ORDER
1. Regard being had to the similitude in the controversy involved in the present cases, with the joint request of the parties, these petitions are analogously heard and being decided by this common order. Facts are being taken from W.P. No.2098 of 2010.
2. The petitioner has filed the present petition under Article 226 of the Constitution of India seeking direction to the respondents to supply the copies of the documents as mentioned in Annexure-P/9 and other representation.
3. Facts of the case in short are as under:-
3.1. The petitioner in the services of M.P. State Civil Supplies Corporation Limited was posted as District Manager in the year 1986. The petitioner was served with a charge-sheet dated 14.3.2005 in respect of irregularities in sale and purchase of Mung and causing loss to the tune of Rs.18,52,000/-. The petitioner submitted a reply to the charge-sheet denying the charges. The detail enquiry was conducted and the Enquiry Officer submitted a report to the effect that charge No.1 is partially proved and rest of the charges are not proved. The disciplinary authority did not agree with the findings recorded by the Enquiry Officer and on 8.8.2007 passed an order of dism
Not only such departmental enquiry would lapse after retirement of such employee, he/she shall be entitled for the emoluments payment to him/her.
If inquiry has been initiated while delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change.
If inquiry has been initiated while delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change.
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....
There is also no provision for conducting a disciplinary enquiry after retirement of the appellant and nor any provision stating that in case misconduct is established, a deduction could be made from....
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
The appellate authority must provide a reasoned decision considering all arguments in disciplinary proceedings, ensuring adherence to procedural fairness.
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