SURENDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed as Assistant Sales Tax Officer on 15.10.1976. He was served with a charge sheet on 13.6.2007, to which the petitioner submitted his reply on 27.9.2007. Thereafter the Enquiry Officer submitted his report dated 19.12.2007 exonerating the petitioner in 5 out of 6 charges and one charge No. 2 was partially proved against the petitioner. A show cause notice was issued to the petitioner on 22.1.2008, to which the petitioner submitted his detailed reply on 14.2.2008

(2.) However, no order of punishment was passed against the petitioner by the Disciplinary Authority and in the meantime on 31.3.2009 the petitioner has retired from the post of Deputy Commissioner Trade Tax. However, after six months of the retirement, an additional charge sheet dated 8.10.2009 was issued to the petitioner. After two months on 18.12.2009, the petitioner was served with a letter indicating that the Governor has been pleased to direct that the disciplinary proceedings against the petitioner dated 13.6.2007 will continue even after his retirement.

(3.) By means of this writ petition the petitioner has prayed for quashing of the Additional Charge sheet dated 18.10.2009 as well as the communication of the order dated 18.12.2009 mentioning that the disciplinary proceedings will continue.