Ved Prakash Sharma vs Deputy Director and Others

Sudhanshu Dhulia, J.—Heard Sri Raman Kumar Sah, Advocate for the Petitioner and Sri J.C. Belwal, Advocate for the Respondents.

The Petitioner was a Secretary In charge/"Mandi Nirikshak" in the "Mandi Parishad", Chakrata, Dehradun against whom there was certain allegations of misappropriation of funds, etc. A disciplinary proceeding was initiated against him and since certain charges were established against him, a punishment was imposed against him by order dated 28.12.2005. It is this order the Petitioner has challenged by means of this writ petition.

Earlier a statement was made before this Court by the Petitioner that he has actually been exonerated of all the charges and subsequently on 16.9.2008 a learned Single Judge of this Court passed an order which reads as follows:

Mr. Raman Kumar Sah, learned Counsel for the Petitioner.

Mr. J.C. Belwal, learned Counsel for the Respondent No. 1 and 2.

Learned Counsel for the Petitioner has submitted that the Petitioner has been exonerated in the final report from the charges leveled against him and there is nothing due against the Petitioner to be recovered.

In view of the statement made by the learned Counsel for the Petitioner, Respondent No. 1 is directed to clear all the post retiral benefits of the Petitioner or to show cause within a period of one month from the date of production of the certified copy of this order.

List thereafter.

Learned Counsel for the Petitioner now contends that instead of the said order passed by the learned Single Judge, nothing has been done in the writ petition. He has reached the age of superannuation in the year 2005 and not getting any post retirement benefits.

Along with the rejoinder affidavit, the Petitioner has annexed order dated 7.7.2008 passed by the Deputy Director (Administration), "Uttarakhand Krishi Utpadan Mandi Parishad", Rudrapur, District Udham Singh Nagar by which the earlier order dated 28.12.2005 has been recalled. This fact has not been denied by Sri J.C. Belwal, Advocate for the "Mandi Parishad". As such, this writ petition is disposed of with the direction to the Deputy Director (Administration), "Uttarakhand Krishi Utpadan Mandi Parishad", Rudrapur, District Udham Singh Nagar shall release the entire post retirement benefits to the Petitioner within a period of three months from the date a certified copy of this order is produced before him. In this matter, since the dues have to be collected from the "Mandi Samiti", Dehradun and "Mandi Samiti", Rishikesh, it is further directed that the Secretary, "Mandi Samiti", Dehradun and the Secretary, "Mandi Samiti", Rishikesh will cooperate in the matter so that the directions given in the writ petition can be effectively complied with by the Deputy Director (Administration), "Uttarakhand Krishi Utpadan Mandi Parishad", Rudrapur, District Udham Singh Nagar.

Writ petition is accordingly disposed of.

No order as to costs.