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2017 DIGILAW 137 (HP)

Himachal Pradesh State Cooperative Milk Producers' Federation Limited v. Sudhir Chand Katoch

2017-03-08

MANSOOR AHMAD MIR, SANDEEP SHARMA

body2017
Mansoor Ahmad Mir, J. Delinked from LPA No. 505 of 2011. 2. By the medium of this writ petition, the writ petitioner has questioned order, dated 23rd September, 2015 (Annexure P5), made by the learned Himachal Pradesh Administrate Tribunal at Shimla (for short “the Tribunal”) in TA No. 5869 of 2015, titled as Shri Sudhir Chand Katoch versus Himachal Pradesh State Coop. Milk Producers Federation Limited, whereby the Transferred Application filed by the applicant-respondent herein came to be allowed (for short “the impugned order”), on the grounds taken in the memo of the writ petition. 3. Respondent has filed the reply and resisted the writ petition on the grounds taken therein. 4. Learned counsel for the writ petitioner stated at the Bar that he does not intend to file rejoinder. Accordingly, the right of the petitioner to file rejoinder is closed. 5. The only question for determination in this writ petition is – whether departmental enquiry can be drawn against an employee after his retirement? 6. It is beaten law of the land that departmental enquiry cannot be drawn against an employee after his retirement. 7. The learned Tribunal has rightly made the discussions in paras 8 to 11 of the impugned order, need no interference. 8. In view of the above, the impugned order is upheld and the writ petition is dismissed alongwith all pending applications.