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TMI Blog2020 (2) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention of the petitioner that the respondent No.3 who was working as junior engineer [Civil] in the respondent No.1 - University has produced the fake marks cards and fake certificates to secure the employment. It is submitted that the marks cards at Annexures-A, B and C and the certificate at Annexure-D were signed by the Secretary, who was not holding the charge during the relevant period. Hence, seeks for interference of this Court. 3. Learned counsel for the petitioner reiterating the grounds urged in the writ petition submitted that, the official respondents have failed to consider the consolidated marks cards and diploma certificate of the respondent No.3. The respondent No.3 had played fraud to secure the employment and thus he is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reason that the petitioner claiming to be the erstwhile superior officer of the respondent No.3 who is now retired, cannot seek the relief of initiating disciplinary proceedings/criminal proceedings against the respondent No.3. If any such fraud alleged said to have been committed by the respondent No.3, ought to have been discovered by the petitioner during his service period in order to initiate the disciplinary proceedings/criminal proceedings against the respondent No.3. The petitioner/officer after his retirement becomes functus officio. No officer can continue to discharge his functions subsequent to his retirement and more particularly, to take action against the subordinate officer or to seek such direction from this Court. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rar of the respondent No.3 also supports the genuineness of the marks cards/certificates, since it was the responsibility/duty of the superior officer, the petitioner herein, who during his service period has accepted the same without any demur and has now raised his voice alleging fraud. 9. It is significant to note that the third respondent is now retired from service on 31.07.2019. The petitioner has filed an application - I.A-1/2018 seeking for a direction to the respondent No.1 not to release any retirement benefits to the respondent No.3 until the disposal of the writ petition. This conduct of the respondent would necessarily indicate his personal vengeance against the respondent No.3. For the aforesaid reasons, writ petition being ..... X X X X Extracts X X X X X X X X Extracts X X X X
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