VIJAY KUMAR HARI Vs. THE DIRECTOR, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATS AND OTHERS
LAWS(P&H)-2016-9-27
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 26,2016

Vijay Kumar Hari Appellant
VERSUS
The Director, Department Of Rural Development And Panchayats And Others Respondents

JUDGEMENT

KULDIP SINGH J. - (1.) Petitioner seeks writ of mandamus quashing order dated 10.07.2014 (Annexure P-5) passed by respondent No.4 and order dated 10.10.2014 (Annexure P-9) passed by respondent No.3, whereby the prayer of the petitioner for grant of interest on the delayed payment of retiral benefits from the date of his retirement i.e. 31.12.2008, has been rejected. A writ of mandamus has also been sought directing the respondents to grant interest on the delayed payments of retiral benefits.
(2.) Petitioner was working as Junior Assistant with the respondents in the Department of Rural Development and Panchayata, Punjab. As a result of the departmental inqury, he was held guilty and reverted to the post of Senior Clerk by the disciplinary authority. However, the appellate authority i.e. the Commissioner on its own enhanced the punishment of reverting to the junior post to that of removal from service, vide order dated 16.03.1997. The petitioner challenged the said order by way of filing CWP No.8591 of 1997, which was decided by this Court on 12.06.1997 and the case was remanded directing the authorities to pass a fresh order after giving opportunity of hearing to the petitioner.
(3.) The appellate authority i.e. the Commissioner again maintained the said order of removal from service, vide order dated 16.09.1998.;


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