guilty of grave misconduct, in the Departmental or Judicial Proceedings. In this case no departmental proceeding concluded finding him guilty nor any judicial proceeding ended ... proceeding or judicial proceeding;
(ii) This provision does not empower the State to invoke the said power while the department proceeding or judicial proceeding
During that
proceeding, the petitioner retired on his superannuation on 30.09.2008.
Thereupon on 29.10.2008, the proceeding was converted into a proceeding as
contemplated under Section ... proceeding even by proceeding exparte.
Admittedly, the petitioner was never imputed with the charge that
on account of declining to proceed with the departmental proceeding
challenging the entire departmental
proceeding and the enquiry report which was submitted on
3
23.10.2002. Thereafter, a second show-cause notice was
issued ... respondent is based
on 'no evidence'. During the departmental proceeding, no
document was produced, exhibited and proved by the
department in support
authority
on the point as to how a departmental proceeding is to be conducted
under the provisions of Rule 55 of Civil Services (Classification,
Control ... dated 07.12.2011, a charge-sheet was issued to the petitioner
initiating departmental proceeding against the petitioner under Rule 55
of the Civil Services (classification, Control
sought for issuance of
writ of certiorari for quashing the entire departmental proceeding including
the findings of enquiry officer dated 15.09.2011 based upon the enquiry ... petitioners, which was enquired into by the
departmental authorities and subsequently in the departmental proceeding
the enquiry officer found the petitioners to be prima facie
Heard counsel for the parties.
2. Petitioner seeks quashing of the Departmental Proceeding initiated vide
Resolution No. 239 dated 11.01.2012 and charge sheet issued thereunder ... Minister for initiation of
departmental proceedings would also amount to approval of
the charge memo."
11. The departmental proceeding against the petitioner
representation that imposition of termination
5
can be done only after departmental proceeding as per
Disciplinary and Appeal Rules, 1968 after affording an
opportunity ... could not be terminated without any charge sheet and without
any departmental proceeding and the impugned action of
termination of the petitioner is in contravention
under suspension vide order dated 13.02.2009 in
4
contemplation of departmental proceeding, vide annexure-11 to the writ
application and the order of suspension ... report of the said committee five
persons were suspended and departmental proceeding started against them
including the petitioner. Total 21 charges alongwith 2 supplementary charge
inserted as accused in the charge sheet.
Pursuant to that, a departmental proceeding was initiated against the
petitioner under Rule 55 of the Civil Services ... petitioner assailed the
impugned order on the ground that the departmental proceeding has not
been conducted in the light of proceeding under Rule
dated 09.02.1998.
7. The Deputy Commissioner, Pakur ordered for initiation of
Departmental Proceeding against the respondent and charge was
framed against respondent for producing bogus ... departmental proceeding vis-à-vis charges leveled against him in
the criminal proceeding are similar and therefore there is no
meaning in the departmental proceeding
