Court No. - 37
Case :- WRIT - A No. - 10750 of 2019 Petitioner :- Rajiv Kumar Gupta Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and Sri M.N.Singh, learned counsel appearing for respondent No.6.
The petitioner claims that he retired from service as class III employee in the degree college affiliated to Dr. Bhim Rao Ambedkar University, Agra, respondent No.6 on 30.6.2019. However, without any valid reason, the petitioner has been suspended with effect from 1.6.2019 and, therefore, retiral dues are not being paid to the petitioner nor arrears of salary is being paid.
Learned counsel for the petitioner submits that there is a Division Bench judgement reported in 2000 (2) ESC 915 (All) R.B.Agnihotri Vs. State of U.P. and others whereby this Court has held that in absence of any express provision, the disciplinary proceedings cannot be continued after retirement of an employee. Learned counsel for the petitioner submits that there is no provision under the Statute or by-laws of the University or college whereby after retirement, the disciplinary proceeding can be continued.
Let the petitioner make a representation to the Regional Higher Education Officer who will consider the claim of the petitioner and pass appropriate order as far as possible within a period of two months from the date of filing a representation along with a certified copy of this order.
The writ petition is accordingly disposed of.
Order Date :- 30.7.2019 VPC