- (1.) Admittedly, the procedure of inquiry applicable for imposing major penalty was not followed in passing the order of recovery in exercise of powers under Article 351-A of Civil Services Regulation, hence State Public Services Tribunal, by impugned judgment dated 18.09.2006 passed in Claim Petition No. 953 of 2001 has set aside the aforesaid order of recovery.
(2.) As per provisions of Article 351A of CSR, if a disciplinary enquiry has been instituted before retirement of Government Servant, the same shall continue in accordance with procedure applicable to proceedings on which an order of dismissal from service can be made. This is evident from Regulation 351A CSR read in entirety along with proviso (a)(iii). This is what has been said by this Court also in Gopi Chand Bishnoi Vs. State of U.P. and another, 2007 4 AWC 3591. In the present case, it is evident that enquiry has not been conducted in such as manner.
(3.) It has been held repeatedly that an enquiry which may lead to punishment of dismissal would include necessarily an oral enquiry and it is mandatory.;