- (1.) List has been revised. None appears on behalf of the respondents. Sri Yogesh Agarwal, learned counsel for the petitioner is present and has been heard and the documents on records have been perused.
(2.) This writ petition has been filed by the petitioner seeking quashing of the chargesshet dated 30.08.2011. Briefly stated the facts of the case are that the petitioner was working on the post of Head Clerk and retired from service on 30.09.2011. However, just before his retirement he was served with a chargesheet dated 30.08.2011 issued by the Chairman Nagar Palika Parishad, Fatehpur. These charges have been levelled against the petitioner but it is not necessary to examine the same on its merit since this case involves a legal question as to whether upon the retirement of the petitioner the chargesheet could be said to be still alive and whether disciplinary proceedings thereunder could be continued against the petitioner.
(3.) A preliminary point has been raised by Sri Yogesh Agarwal that after the retirement of the petitioner the departmental proceedings in pursuance of the chargesheet dated 30.08.2011 could not have been continued and the chargesheet cannot be said to be still alive after the retirement of the petitioner. The submission is that the petitioner is not a Government Servant and rather is an employee of the Nagar Palika Parishad, Fatehpur and the provisions of Article 351-A of the Civil Service Regulations have no application to the employees of the Nagar Palika Parishad and therefore once the employee retires on attaining the age of superannuation and no action has been taken on the basis of the chargesheet or departmental proceedings concluded, the departmental proceedings after the date of such retirement shall automatically lapse.;