R.K.Panda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5182 of 2016 R.K.Panda S/o Ranti Dev Panda, Aged About 63 Years Retired Forest Range Officer, R/o Shri Ram Residency Qr No 32 Mangla, Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest Mahanadi Mantralaya Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh

2. Principal Chief Conservator Of Forest, Chhattisgarh Raipur, Chhattisgarh

3. Conservator Of Forest, Bilaspur Range, Bilaspur Chhattsigarh

4. Divisional Forest Officer, Bilaspur Division, Bilaspur Chhattisgarh ---- Respondents Shri B.D.Guru, counsel for the petitioner/s.

Shri A.S.Kachhawaha, Addl. A.G. for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/08/2017 The petitioner is a retired employee. He has retired on 29/02/2016 from the post of Ranger. The gratuity of the petitioner was withheld presumably for the reason that there was certain allegation of misconduct on the basis of which, notice was issued to the petitioner on 23/02/2016. 2.

Learned counsel for the petitioner submits that the said enquiry has now been brought to its logical conclusion by issuance of an order by the disciplinary authority on 24/07/2017 by which enquiry has been closed by giving a censure to the petitioner.

3.

The return of the respondents shows that the main operative reason for non release of petitioner's gratuity are those very allegation, on the basis of which, enquiry was initiated and final order which has now been passed on 24/07/2017.

4.

Therefore, in these circumstances, there is no reason why the gratuity should not be released to the petitioner.

5.

Accordingly, it is directed that petitioner's gratuity should now be released forthwith. The petition is allowed.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti