ANIL KUMAR DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition with the following relief(s):-

(2.) Brief facts of the case, are that the petitioner was working as Executive Engineer (Civil) and, pursuant to the Departmental Promotion Committee meeting dtd. 11/9/2017, was promoted to the post of Superintending Engineer (Civil) vide order dtd. 16/10/2017 and posted at Shivnath Mandal, District Durg. While working on the said post, respondent No.2 issued a show-cause notice dtd. 8/12/2017 alleging irregularity in payment of escalation amount pertaining to October 2005 and fixing liability of Rs.37.78 lakhs upon the petitioner. The petitioner superannuated on 31/12/2017. On receiving the notice belatedly, he submitted his explanation on 15/1/2018, stating that during the relevant period (2006 -2009) the escalation bills were prepared, verified and approved by the then Deputy Engineer/Assistant Engineer, and that the petitioner, as Executive Engineer, merely forwarded the bills for payment after technical verification by the subordinate officers.

(3.) Without considering the petitioner 's explanation, the respondents vide order dtd. 2/2/2018 sanctioned only 90% provisional pension. The petitioner made a representation dtd. 6/2/2020 for release of full pension and gratuity, which remained undecided. Consequently, the petitioner filed W.P.(S) No.2318/2020, wherein the Court by order dtd. 22/6/2020 directed the respondents to decide the grievance within 90 days and to release the admissible dues thereafter. Subsequently, by letter dtd. 29/4/2022, the petitioner was informed about the proposed departmental enquiry and withholding of 10% pension without affording him due opportunity. The petitioner further discovered that after about seven months of his superannuation, respondent No.4 had issued a charge sheet dtd. 24/7/2018 (communicated under covering letter dtd. 23/8/2018), initiating departmental proceedings, which were never served upon the petitioner.