(1.) A Division Bench of this Court has referred the controversy to Larger Bench, vide order dated 7.1.2010, to reconsider the ratio of the judgment of another Division Bench i.e., the case of Lakhan Lal Ahirwar. Vs. State of U.P. and others, reported in 2007 (25) LCD 1148, being not agree to it and framed following questions:-
(2.) THE petitioner was serving as Principal in the Government Polytechnic of City and District Mirzapur. During the course of employment, the petitioner along with one Sri K.L. Kushwaha, endorsed a cheque of scholarship and withdrew the cash of Rs.2,84,843.33P without making necessary entries in the Government records. When the matter came to light, the petitioner and Sri K.L. Kushwaha deposited the amount of Rs.2,84,843.33P., on 25.1.2006. However, disciplinary proceeding was initiated against the petitioner on 11.1.2007 under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (in short 1999 Rules) with regard to alleged irregularities committed by him in distribution of scholarship. A chargesheet was served on 30.1.2007 with regard to temporary embezzlement. During pendency of departmental proceeding, the petitioner attained age of superannuation on 30.6.2007. A Government order dated 5.5.2008 was issued for continuing of the disciplinary proceeding under Article 351A of the Civil Service Regulations ( in short CSR), against the petitioner as well as Sri K.L. Kushwaha keeping in view the fact that they have retired on 30.6.2007.
(3.) THE petitioner relied upon the Rules framed under Article 309 of the Constitution namely, U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995 (in short 1995 Rules) and submitted that since the inquiry has not been completed within six months in terms of 1995 Rules, it shall be deemed to have been lapsed. It has further been pleaded by the petitioner that 1995 Rules shall override the general departmental rules in view of the law settled by a Division Bench of this Court in the case of Lakhan Lal Ahirwar (supra). The Division Bench being not in agreement with the ratio of the judgment of the case of Lakhan Lal Ahirwar (supra), referred the controversy to the Larger Bench after framing aforementioned two questions.
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