NAGENDRA NATH TRIPATHI Vs. STATE CANE SERVICE AUTHORITY

JUDGEMENT

(1.) COUNTER affidavit filed today is taken on record.

(2.) THE petitioner is aggrieved by the order of penalty dated 22.10.2013 and the appellate order dated 27.05.2014.

(3.) ACCORDING to the petitioner he was working as Senior Assistant. He was placed under suspension by order dated 30.06.2006. Aggrieved the petitioner filed Writ Petition No.5971 (S/S/) of 2006 and the Court by order dated 14.07.2006 was pleased to stay the operation of the order of suspension as being without jurisdiction. The petitioner thereafter was reinstated in service. A chargesheet was issued to him on 30.04.2003, to which the petitioner submitted his reply on 07.08.2003. An Enquiry Officer was appointed and departmental enquiry was held. Subsequently by the order dated 28.12.2006 the petitioner was dismissed from service and a recovery of Rs.1,28,184.31 was ordered from him. The petitioner challenged the order of dismissal by filing Writ Petition No.715 (S/S) of 2007. The same was allowed by order dated 22.07.2013 and the order of dismissal dated 28.12.2006 was quashed. However, in the meantime since the petitioner had attained the age of superannuation on 28.02.2011, liberty was granted to the respondents to initiate departmental proceedings from the stage which has been found to be initiated in that judgment with a further direction that the petitioner shall be given copy of the enquiry report and also be given an opportunity of hearing. It is in pursuance thereof that the impugned order dated 22.10.2013 has been passed and recovery of certain amounts were ordered against the petitioner. Aggrieved, the petitioner preferred a departmental appeal which was also rejected vide order dated 27.05.2014.