N.L.Barber v. The Managing Director And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 739 of 2013 N.L.Barber S/o Lt Banshilal Barber Aged About 61 Years R/o Vevekanand Colony, Vill Mophka, Ps Sarkanda, Bilaspur, Distt Bilaspur, Cg ---- Petitioner

Versus

1. The Managing Director C.G. State Civil Supplies Corporation Ltd, Hitvad Parisar, Avanti Vihar Colony, Head Office Raipur, Distt Raipur, Cg

2. The General Manager (Administrative) C.G. State Civil Supplies Corporation Ltd, Hitvad Parisar, Avanti Vihar Colony, Head Office, Raipur, Distt Raipur, Cg

3. The Account Officer C.G. State Civil Supplies Corporation Ltd. Hitwad Bhawan, Avanit Vihar, Telibandha, Distt Raipur, Cg

4. The District Manager C.G. State Civil Supplies Corporation Ltd, Bilaspur, Distt Bilaspur, Cg ---- Respondents Shri Sunil Pillai, counsel under instructions from Shri Dhirendra Pandey, counsel for the petitioner/s.

Shri Animesh Tiwari, counsel for the respondents. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2017 At the outset, learned counsel for the respondents fairly submits that the issue involved in the case is squarely covered by the order earlier passed in the case of C.G. State Civil Supplies Corporation Limited and ors. v. Udho Prasad Sharma (W.A.No.67/2016) decided on 26/02/2016.

In view of above, it has to be held that no departmental proceedings can be continued after retirement of the petitioner in the absence of there being any specific rule authorising the employer in that behalf. Accordingly, this petition is allowed. The order imposing penalty on the petitioner is declared illegal and order of recovery is also quashed. Sd/- (Manindra Mohan Shrivastava) Judge Deepti