Rajeev Behl And Ors vs The Instrumentaion Ltd And Ors
2022 Latest Caselaw 1959 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 15039/2017

Rajeev Behl And Ors.
                                                                  ----Petitioners
                                     Versus
The Instrumentaion Ltd And Ors.
                                                                ----Respondents

For Petitioner(s) : Dr. Saugath Roy For Respondent(s) : Mr. N.K. Maloo, Senior Adv. with Mr. Vishnu Bohra Mr. Sanju Saini on behalf of Mr. Rajendra Prasad Sharma

HON'BLE MR. JUSTICE SAMEER JAIN

Order

04/03/2022

During the course of arguments it was reflected that the Kota

unit of respondent No.1 is under closure and the company is

declared sick and perhaps some order is passed by Board of

Industrial and Financial Reconstruction or any other Competent

Authority. It was also contended that in the light of Circular

No.44/12/07, the CVC has issued guidelines that in case of

disciplinary proceedings, no retiral/pensionary benefits are to be

released.

Learned counsel for the petitioner has submitted that by the

Coordinate Bench judgments it has been held that the respondent

No.1 has its own set of Rules and as per it, the retiral benefits

have been released to some of the co-accused in the FIR.

In the instant matter, this Court requests learned senior

counsel Mr. N.K. Maloo to appraise the Court about status of

respondent No.1, whether any operating agency has been

(2 of 2) [CW-15039/2017]

appointed, whether permission of BIFR/NCLT or any other

Competent Authority is required for releasing of the amount or if

their impleadment is necessary.

List the matter on 23.03.2022.

(SAMEER JAIN),J

Arun/Manish Prajapati/1

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