Siddharth, J. - (1.) Heard Sri Ashutosh Tripathi, learned Counsel for the petitioner and Sri Shiv Nath Singh, learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for the quashing of the order dated 25.07.2013, passed by the Managing Director, U.P. State Warehousing Corporation, Lucknow, whereby disciplinary proceedings were instituted against the petitioner, on the allegations of causing shortage/loss of rice and wheat stock from Dhoomanganj Warehouse, Allahabad, District Allahabad, during the period of his service.
(3.) The brief facts of the case are that the petitioner was a Class-III employee of U.P. State Warehousing Corporation, since 1977 and his superannuated from service on 31.07.2005. He was paid his gratuity, G.P.F. and Group Insurance amount, but his leave encashment and security amount was due to be paid by the Corporation. By means of an order dated 25.07.2013, disciplinary proceedings were initiated against the petitioner, alleging loss of rice and what stock at Dhoomanganj Warehouse, Allahabad, during the period of his service. The loss was assessed as Rs.11,82,066.44 and an enquiry officer was appointed to conduct the disciplinary enquiry against the petitioner. The petitioner has stated that there is no provision in the Staff Service Regulations of the U.P. State Warehousing Corporation, which provides for institution of disciplinary proceedings after the superannuation of an employee and therefore the order dated 25.07.2013, passed by the Managing Director of the Corporation is absolutely illegal and deserves to be quashed. The provision of Regulation 351-A of the Civil Services Regulations are not applicable to the services of the Corporation and therefore, there is no authority, by which departmental proceedings can be initiated against the petitioner, after his superannuation from service of the Corporation.;