- (1.) This writ petition has been filed challenging an order dated 5th August 2014 whereby the major penalty of compulsory retirement has been imposed on the petitioner. The facts of the case in a narrow compass are that the writ petitioner was the Deputy Manager (Finance and Accounts) in the respondent no.2 company. A charge sheet had been filed against the petitioner for having connived and colluded with the other officers and the then acting CMD of the respondent no. 2 and thereby causing substantial financial loss to the organisation. After an inquiry had been conducted, the Authority, by an order dated 2nd March 2009, imposed the major penalty of compulsory retirement of the petitioner.
(2.) Being aggrieved by the order dated 2nd March 2009, the petitioner preferred a Departmental appeal to the appellate authority as per the service rules. The same was rejected on 1st June 2009. A review application was also filed before the Board of Directors which was also rejected on 9th February 2009. In that background, the writ petitioner filed a first writ petition (WP 1134 of 2010) challenging the orders dated 1st June 2009, 2nd March 2009 and 2nd February 2009 respectively. The said writ petition was numbered as WP No. 1134 of 2010 before this Hon'ble High Court.
(3.) By an order dated 2nd June 2014 in the aforesaid writ petition, a Learned Single Judge of this Hon'ble Court disposed of the said writ petition by inter-alia directing, "In the event the disciplinary authority ultimately finds the petitioner guilty of negligence as reported by the inquiry officer, the disciplinary authority would be free to decide on the quantum of punishment and the extent of back-wages that the petitioner will be entitled to. In the event the punishment levelled against the petitioner by the disciplinary authority is not one of dismissal or compulsory retirement, the petitioner will be entitled to at least fifty percent of the back-wages for the period after March 2, 2009 and the exact quantum of back-wages that the petitioner would be entitled to will be decided by the disciplinary authority subject to the lower limit as above." ;