AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for quashing the charge sheet dated 30. 4. 96 (Annex. 2) and seeking a direction for release of retirement dues alongwith interest.

(2.) THE facts and circumstances giving rise to this case are that on the date of retirement, i. e. 30. 4. 96, petitioner was served a charge sheet for the alleged misconduct committed by him during the years 1987-88 and 1988-89 alongwith statement of allegations under rule 7 of the Rajasthan Panchayat Samitis and Zila Parishads Service (Punishment & Appeal) Rules, 1961 (for short, "the Rules, 1961) and his post retiral benefits had been withheld. He moved the authorities and the Additional Divisional Commissioner, vide order dated 19. 12. 96 (Annex. 12) directed the Vikas Adhikari to prepare the pension case of the petitioner, but the same have also not been paid.

(3.) IN Sampuran Singh vs. State of Punjab (3), the Apex Court held that Disciplinary Authority may be different from the Appointing Authority and, thus, it is not nece- ssary that an employee can be removed only by the Appointing Authority. Article 311 (1) of the Constitution requires that the Government servant should not be dismissed/removed from service by an Authority below his Appointing Authority. Thus, he can be removed by the Authority higher than his appointing Authority.