HIMANSHU SHEKHAR TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner namely, Dr. Himanshu Shekhar Tripathi is a retired Deputy Director (Administration/Commerce) of Mandi Parishad, Prayagraj. He has been served with the chargesheet dtd. 14/9/2023 to hold domestic enquiry under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as Rules, 1999) read with Sec. 351-A of Civil Service Regulations (hereinafter referred to as "CSR") in the matter of financial loss to the tune of Rs.5.13 crores caused to the Mandi Parishad for his alleged conspiracy and mismanagement in procurement and sale of paddy and thereby committing embezzlement. He has also challenged the consequential charge sheet dtd. 5/12/2023 and has also prayed for a writ of mandamus for release of gratuity amount with further interest thereupon for delay and has also prayed for revised pay-scale benefits and consequential arrears of salary from 1/1/2006 till 18th Mach, 2011 as per office memorandum issued on 23/8/2023.

(2.) For assailing the institution of departmental enquiry and the chargesheet and questioning the act of respondents in withholding gratuity, Mr. Shah, learned Advocate appearing for the petitioner has raised following arguments:

(3.) In support of his argument, Mr. Shah has taken the Court to the amended provision of Regulation 28 of 1984 Regulations that are reproduced hereunder: