N.K. SHIMARY Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Mr. R.K. Nokulsana, learned senior counsel assisted by Mr. Y. Sanajaoba, learned counsel for the petitioner and Mr. H.S. Paonam, learned senior counsel assisted by Mr. A. Arunkumar, learned counsel for the respondents.

(2.) IN this writ petition, the petitioner has challenged the Office Memorandum dated 17.8.2010 by which the State Government decided to proceed with the departmental inquiry by setting out the articles of charges against the petitioner, a retired Additional Director of Education (S) and who was in -charge of the post of the Director of Education (S), Manipur, under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, primarily on the premise that once the petitioner had retired from service there is no legal provision to proceed against a retired person. Therefore, without adverting to various facts which have been pleaded in the petition, it may be suffice to mention only a few facts, which may be relevant for the decision of the issue raised in this petition.

(3.) ACCORDING to the petitioner, the State Government did not initiate the departmental enquiry within 2 (two) weeks and the petitioner came to retire on superannuation w.e.f. 29.2.2008. In compliance of the aforesaid direction of the Hon'ble High Court, the State Government passed an order dated 26.3.2008 declaring that the suspension order of the petitioner shall be deemed to have been revoked w.e.f. 12.2.2008 without any prejudice to the departmental proceeding against the petitioner. On the same date i.e. 26.3.2008, the State Government passed another order allowing the petitioner to go on retirement on attaining the age of superannuation w.e.f. 29.2.2008 and thereby terminating his services w.e.f. 29.2.2008.