State
of U.P. & Ors Vs. Jawahar Lal Bhatia [2005] Insc 76 (3 February 2005)
B.P.Singh
& B.N.Srikrishna B.P.Singh, J.
This
Appeal by special leave has been preferred by the State of U.P. against the
Judgment and Order of the High Court of Judicature at Allahabad dated 27th
August, 1999 in Civil Miscellaneous Writ Petition No.17655 of 1995 whereby the
High Court partly allowed the Writ Petition and modified the Order dated
18.1.1995 by which 75% of the Respondent's pension was withheld. This followed
a departmental proceeding against the respondent in which he was found guilty
of certain charges. The respondent was a doctor employed in the hospital run by
the Employees State ...2/- -2- Insurance Corporation and certain allegations
were made against him with regard to illegal appointments, unjustified
expenditure etc. It appears that during the pendency of the proceeding the
respondent retired from service and the impugned order was passed on 18.1.1995
after his retirement. Obviously, therefore, no punishment could be inflicted
upon him but his pensionary benefits could be curtailed in accordance with the
Rules.
We
have gone through the charges framed against the respondent.
It
also appears from the record that some other doctors were proceeded against on
similar charges and some punishment was imposed upon them such as stoppage of
two increments, etc. However, looking at the nature of charges levelled against
the respondent and the findings of the Inquiry Officer which have been accepted
by the disciplinary authority, we are of the view that withholding of pension
of the respondent to the extent of 75% is excessive. We, therefore, modify the
order dated 18.1.1995 and direct that the reduction of 25% of pension only
shall ...3/- -3- be made. The respondent will be entitled to the difference in
the pensionary dues calculated on the basis that only 25% of the pension is to
be withheld.
This
appeal is, therefore, partly allowed in the above terms.
We
expect the State to calculate the pensionary dues which are payable to the
respondent and pay the same within a period of three months.
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