NGULTUOLIEN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. A. Jagatchandra, learned Counsel for the Petitioner and also Mr. S. Nepolean, learned G A appearing on behalf of the Respondents.

(2.) The present writ petition is the second writ petition filed by the Petitioner for the same subject matter, i.e. Departmental Enquiry against the Petitioner initiated vide Memorandum No. 2/97/2005-ED (S) dated 19.04.2006 issued by the Director of Education(S), Government of Manipur.

(3.) The Petitioner is, now, retired from service on superannuation. The Petitioner, while posted as Head Clerk in the Zonal Education Officer(ZEO), Churachandpur, was placed under suspension vide order of the Director, Education(S), Government of Manipur being No. 2/97/2005-ED (S) dated 25.05.2005 issued in exercise of power conferred upon him by Sub-rule (1) of Rule 10 of the Central Civil Services(Classification, Control and Appeal) Rules, 1965 in contemplation of a disciplinary proceedings for alleged involvement in cases of unauthorized withdrawal of pension, arrear pension and arrear pay amounting to Rs. 12 crores from the Government account. Later on vide memorandum dated 19.04.2006 the Disciplinary Proceedings/Departmental Enquiry was initiated against the Petitioner for one article of charge mentioned therein. Vide order of the Director, Education (S), Government of Manipur dated 19.04.2006, one Shri R.K. Sukumar Singh, MCS Deputy Commissioner (Departmental Inquiry), Government of Manipur was appointed as Inquiry Authority to enquire into the charges framed against the Petitioner. Petitioner also filed his written statement of defence to the said article of charge for which Departmental Enquiry against the Petitioner had been initiated vide memorandum dated 19.04.06.