RAJPAL SINGH SENGAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order dtd. 13/3/2020 passed by the Deputy Director, Administration and Distribution, Rajya Krishi Utpadan Mandi Parishad, U.P., Kanpur, ordering initiation of departmental proceedings against the petitioner, a retired Mandi Nirikshak. A writ of mandamus is also prayed by the petitioner to be issued, commanding the Secretary, Rajya Krishi Utpadan Mandi Parishad, Kanpur Nagar to pay a sum of Rs.1,33,000.00 towards the petitioner's salary, revised according to the Seventh Pay Commission and a sum of Rs.1,42,000.00 in gratuity, along with interest at the rate of 10% per annum.

(2.) The facts giving rise to the writ petition show, in substance, that the petitioner was a Mandi Nirikshak in the employ of the Rajya Krishi Utpadan Mandi Parishad. He retired from service, upon attaining the age of superannuation, on 31/5/2016. The petitioner belonged to the Uttar Pradesh Agricultural Produce Market Committees Centralized Services. The conditions of the petitioner's service were governed and regulated by the Uttar Pradesh Agricultural Produce Market Committees (Centralized Services) Regulations, 1984['the Regulations of 1984' for short].

(3.) On 24/9/2019, an explanation was sought from the petitioner by the Secretary, Rajya Krishi Utpadan Mandi Parishad, U.P., Kanpur relating to the issue of a Mandi License to a certain firm by the name of M/s. Baba Anandeshwar Trading Company, wholesale traders and stockists. Business was done by the said firm during the agricultural years 2014-15 and 2015-16. The details of matters, regarding which the petitioner's explanation was sought, can best be appreciated by a reference to the material part of the memo dtd. 24/4/2019 issued by the Secretary, Rajya Krishi Utpadan Mandi Parishad, U.P., Kanpur, which reads : <IMG>JUDGEMENT_199_LAWS(ALL)4_2024_1.jpg</IMG>