Surya Prakash Kesarwani, J. - (1.) Heard Sri P.N. Dwivedi, learned counsel for the petitioner, Sri Neeraj Tripathi, learned Additional Advocate General, assisted by Sri I.S. Tomar and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri S.K. Bahadur, learned counsel for the Nagar Nigam, Allahabad.
(2.) This writ petition was heard at length on 10.8.2017, 9.10.2017, 12.10.2017, 13.11.2017, 1.12.2017, 18.12.2017, 7.5.2018 and 31.5.2018. Against the actual number of about 900 pensioners, pension was fraudulently drawn and shown to have been distributed to 2500 to 2800 persons between 16.2.1985 to 30.6.1995 in Nagar Nigam Allahabad, resulting in embezzlement of Rs. 4,75,80,000/- which was detected in the year 1996. These facts are admitted to the State-respondents as well as the respondent Nagar Nigam, Allahabad. Disciplinary proceedings against four employees of Centralised Cadre namely, Virendra Kumar Pandey, Shyam Sundar Gupta, K.K. Sharma and Sangam Lal Verma, who were accountants in the Office of Nagar Nigam, Allahabad; was initiated by the Director, Local Bodies, U.P. The charges against Sri K.K. Sharma, Accountant, were found proved and he was awarded punishment of one adverse entry and stopping of two increments temporarily. The charges against Shyam Sundar Gupta, were not found proved. The proceedings against Virendra Kumar Pandey, was dropped by order dated 14.9.2006, on account of his death on 21.11.2003. Sangam Lal Verma, was not the Officer of the Centralised Cadre and as such disciplinary proceedings was initiated by Nagar Ayukt, Nagar Nigam Allahabad, wherein charges levelled against him were not found proved. Hence, proceedings against him was dropped by order dated 6.11.2006, passed by Nagar Ayukt, Nagar Nigam Allahabad.
(3.) In non Centralised Cadre Services the disciplinary proceedings was initiated against the petitioner, who was working as Assistant Accountant and certain other employees of Nagar Nigam, Allahabad. A charge sheet dated 14.7.2000 was served upon the petitioner. He submitted a reply before the Inquiry Officer i.e. Mukhay Nagar Adhikari, (Now designated as Municipal Commissioner), Nagar Nigam, Allahabad, dated 21.7.2000. The Inquiry Officer submitted Inquiry report dated 25.10.2004. In the mean time, the petitioner retired from service in the year 2002. Thereafter, a show cause notice dated 29.1.2005 was issued by the Nagar Ayukt, Nagar Nigam, Allahabad, which was replied by the petitioner. Thereafter, the impugned punishment order dated 17.3.2005 was passed by the Nagar Ayukt, Nagar Nigam, Allahabad, whereby the pension, gratuity and other retirement benefits of the petitioner were forfeited and recovery of the entire embezzled amount of Rs.4.758 crores was ordered to be made from him. Aggrieved with this order the petitioner filed an appeal before the Commissioner, Allahabad, Division, Allahabad, which was dismissed by impugned order dated 7.06.2006. Aggrieved with these two orders the petitioner has filed the present writ petition. He died on 28.03.2013. His heirs were substituted by order dated 20.02.2014. Submissions of learned counsels for the parties:;