- (1.) Heard Sri B.R. Singh, learned Counsel for the petitioner and Sri N.C. Mehrotra, learned Counsel appearing for opposite party nos.1 and 2.
(2.) The petitioner has approached to this Court with a prayer for direction to the opposite parties to release the retiral dues of the petitioner pertaining to gratuity, leave encashment etc. The petitioner has further prayed for a direction for quashing the departmental proceedings pending against him in absence of any provision contained in Corporation's Service Rules.
(3.) The facts in brief for the purpose of the adjudication of the instant writ petition as culled out from the writ petition are that the petitioner was an employee of the respondent corporation. He was promoted on the post of Divisional Manager on 28.10.2003. He continued in service as Divisional Manager and was served a notice dated 02.01.2017 of his retirement. Subsequently he was served with another notice dated 25.02.2017 in which it was mentioned that he has completed his tenure of service therefore he has to retire on 28.02.2017. However, at the fag end of his service and just prior to his retirement he was served with a chargesheet on 23.02.2017 by the department. The said chargesheet was issued through registered post on residential address of the petitioner, though the petitioner was posted as Divisional Manager at Gorakhpur and the same was not served personally on him. The petitioner has replied to the said charge sheet on 04.03.2017. Subsequently opposite party no. 2 issued a letter on 05.06.2017 by which the petitioner was asked to deposit Custom of Rice Mill (CMR). The petitioner has made representations dated 18.07.2017 and 24.07.2017 claiming his retiral dues, but the same has not been paid to him till date on account of the pendency of the disciplinary proceedings and due to non-deposit of the alleged dues on CMR. The petitioner has further stated that the petitioner was in supervisory jurisdiction as Divisional Manager and he cannot be held responsible for not depositing the CMR and in similar circumstances the retiral dues of one Divisional Manger Sri Suresh Chandra Tomar has been released.;