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High Court Of ChhattisgarhWPS/1086/2018disposed off

I N Singh v. State Of Chhattisgarh

2021-09-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1086 of 2018 I. N. Singh S/o Late Shri C. B. Singh Aged About 65 Years Retired Chief Conservator Of Forest Circle Bilaspur District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary Forest Department Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh. 2.

Accountant General Office Of Accountant General Zero Point Balodabazar Road Vidhan Sabha Raipur District Raipur Chhattisgarh. ----Respondents For Petitioner :

Mr. Saket Pandey, Advocate under instructions of Mr. Anoop Majumdar, Adv.

For State :

Mr. Ishan Verma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 30/09/2021 1.

The grievance of the petitioner in the present writ petition is the nonsettlement of the final retiral dues payable to the petitioner on his retirement.

2.

The petitioner herein stands retired from service on the post of Divisional Forest Officer w.e.f. 30.06.2012. Pursuant to his retirement, the petitioner till date has not received the retiral dues payable to him except the anticipatory pension that is being provided by the Department. State counsel submits that meanwhile the leave encashment has also been settled.

3.

The contention of the parties is that on account of the disciplinary proceedings pursuant to charge-sheet dated 09.11.2010, the retiral

dues could not be finalized and the departmental enquiry is still pending consideration.

4.

Given the entire facts and circumstances of the case and taking note of the fact that the departmental enquiry is pending consideration for about 10 years now, the writ petition at this juncture stands disposed of directing the respondents to ensure that, subject to the cooperation rendered by the petitioner, the departmental enquiry be concluded within a period of 90 days from the date of receipt of copy of this order. If required, let inquiry be conducted on day-to-day basis and subject to the outcome of the departmental enquiry, balance of the retiral dues payable to the petitioner be also finalized and settled within a further period of 45 days thereafter. 5.

With the aforesaid observations, the present writ petition stands allowed and disposed of.

Sd/- (P. Sam Koshy) Judge Ved