RAM BABU SAHU Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was selected by the U.P. Public Service Commission and was appointed as Assistant Development Officer (Panchayat) on 26.2.1985. He retired on attaining the age of 60 years on 31.1.2010, serving as Incharge District Panchayat Raj Adhikari, Basti. This writ petition has been filed by him against the Office Memorandum dated 2.8.2010, by which the Principal Secretary, Panchayati Raj, Anubhag-I, Government of UP has, on conclusion of the departmental enquiry initiated on 20.2.2003, and which continued even after his retirement, punished him with deduction of 100% pension; forfeiture of gratuity and with directions that he will not be entitled to any amount other than suspension allowance during the period he was under suspension.

(2.) We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioner. Learned Standing Counsel appears for the State respondents.

(3.) Brief facts, giving rise to this writ petition, are that the petitioner, appointed as Assistant Development Officer (Panchayat) on 26.2.1985, could not be promoted on the post of District Panchayat Raj Officer, which was the next promotional post, as no meeting of the Departmental Promotion Committee could be convened for 16 years. He was given charge of officiating District Panchayat Raj Officer on 27.2.1999, and was posted as District Panchayat Raj Officer, Basti on 30.7.2009.