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V. V. JOSHI, ROHIT B. DEO
Chandrashekhar – Appellant
Versus
Amravati Municipal Corporation – Respondent
JUDGMENT/ORDER
ROHIT B.DEO, J. - Heard. Rule. Rule made returnable forthwith by consent of the parties.
2. The petition is preferred seeking the following substantive reliefs :
(ii) Further hold and declare that the enquiry report submitted by the Sec. enquiry officer dated Nil at Annexure-X as illegal and unsustainable in the eyes of law.
(iii) Quash and set aside the order of removal dated 22/05//2007 issued by the respondent nos.2-Deputy Commissioner (Admin.) Amravati Municipal Corporation at Annexure-XII.
(iv) Direct the respondents to reinstate the petitioner along with full back wages from 27/05/2007 till the date of his retirement i.e. 31/08/2010. (v) Further, direct the respondents to release the arrears of pension from 01/09/2010 along with gratuity and interest @ 12% per annum.
(vi) Direct the respondent no.1-Commissioner, Amravati Municipal Corporation to pay amount of GPF and Group Insurance and arrears of 5th Pay Com
An employee removed from service for misconduct involving moral turpitude is not entitled to pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
The requirement of valid sanction, limitation on initiating action after retirement, and the necessity of specific charges for fair opportunity for defense.
Post-superannuation fresh departmental enquiry invalid under Pension Rules 1982 Rule 27 after two service-period exonerations; no de novo without reasons/opportunity; mandates release of salary, pens....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
The Disciplinary Authority must provide a tentative opinion and an opportunity for hearing before disagreeing with the Inquiry Officer's findings, adhering to principles of natural justice.
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