Raghbir Singh Malik v. State Of Haryana And Others
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CAfter having considered the charge sheet No. 02/Conf/DVN 3043 dated 12.04.2017 served upon Sh.
R.S. Malik/XEN (now, Retd.), reply thereto & the comments of field offices, the competent authority has decided to file the same.
Accordingly, the charge sheet No. 02/Conf/DVN
3043 dated 12.04.2017 served upon Sh. R.S. Malik/XEN (now, Retd.), is hereby filed.
This issues with the approval of Chairman cum
Managing Director, DHBVN, Hisar."
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/9 ! CThe CE/OP, DHBVN, Hisar vide memo No. Ch 80/ESG 973 dated 25.10.2017 has supplied the comments on the defence reply submitted by the charged officer, which is reproduced as under:
The contents of charge sheet issued to the officer, defence reply submitted by him & comments offered by the SE OP' Circle DHBVN, Fatehabad vide his office memo No. 1223/24 dated 04.10.2017 has gone through & it is observed that the relevant documents are verified by the concerned Dy. Supdt. of Division office & issue of EPF & ESI is being dealt by Divnl. Accountant. As such, the officer Sh. R.S. Malik Xen is not directly responsible for the lapses. Moreover, the stay of the officer at Fatehabad is only for 14 days. In such a short span, he cannot be expected to find & fix the responsibilities regarding lapses being committed by his subordinates & take remedial measures. Therefore, Sh. R.S.Malik, Xen is innocent in the instant case. Keeping in view of above, the charge sheet, in question, may please be dropped."
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, + .81(4 / !1 4 3'7*(! "(6) Where the Government employee against whom disciplinary proceedings are pending at the time of retirement and─ (i) he is clearly exonerated and steered clear of all the charges during the process of disciplinary proceedings and proved innocent, the pension and death cum retirement gratuity due to him shall be paid alongwith interest as per provisions laid
down in sub rule (1).
(ii) he is held guilty, partially or fully, of the charges leveled against him, or the same are dropped on account of lack of evidence, i.e. he is not proved innocent, or disciplinary proceedings are dropped only on the grounds that the Government employee has retired, no interest shall be payable on the pension and death cum retirement gratuity if the same have been authorized within three months from the date of final decision on the disciplinary proceedings. In case of delay, interest shall be regulated as per provision laid down in sub rule
(1) for the delayed period."
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