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1988 Supreme(SC) 169

N.D.OJHA, E.S.VENKATARAMIAH, K.N.SINGH
State Of Maharashtra – Appellant
Versus
M. H. Mazumdar – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, ANIL GUPTA, B.N.SINGHVI

Judgment

SINGH, J. - Special leave granted.

2. This appeal raises an important question of law whether a Government servant after his retirement on attaining the age of superannuation is liable to be dealt with departmentally for any misconduct, negligence or financial irregularities committed by him during the period of his service.

3. Necessary facts giving rise to this appeal are that M. H. Mazumdar, the Respondent was in the service of the State of Maharashtra as Supply Inspector and he retired from service on attaining the age of superannuation on September 1, 1977. After his retirement the respondent was served with a charge-sheet on October 16, 1978 containing allegations of misconduct and negligence against him for the period he was in service. Enquiry into those charges was held and the respondent was afforded full opportunity to defend himself. On the conclusion of the enquiry the State Government issued orders on December 4, 1982 reducing the amount of pension payable to the respondent by 50 per cent permanently under Rule 188 of the Bombay Civil Services Rules. The respondent challenged the validity of the Governments order by means of a writ petition under Art. 226 of th














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