Saran Dass vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That the orders dated 15.4.2000 vide Annexure A-2 withholding the gratuity of the applicant, issued by the Respondent No. 2, being the incompetent authority may kindly be quashed and set-aside.

(ii) That the orders dated 7.7.2000 vide Annexure A-3 issued by the Respondent No. 2, giving sanction for starting departmental proceedings against the applicant, without any authority, may kindly be quashed and set-aside.

(iii) That the charge sheet dated 7.7.2000 (A-4) & the departmental proceedings started against the applicant thereafter, may kindly be declared illegally, non-est and void ab-initio.

According to the petitioner, the departmental proceedings have not been finalised so far. Therefore, the writ petition is disposed of directing the second respondent to finalise the proceedings, if not already finalised, within a period of two months from the date of production of a copy of this Judgment along with a copy of writ petition by the petitioner. Depending on the outcome of the action as above, the steps will be taken to disburse all eligible due and admissible benefits to the petitioner within another one month. It is made clear that in case the departmental proceedings are not finalised as above in the time frame fixed by this Court, it will be taken that the departmental proceedings have been dropped.