ORDER :

1. Proceedings of this matter have been taken-up through video conferencing.

2. The petitioner retired from the office of respondent No.3 from the post of Section Officer on 31.7.2007, but at that time, disciplinary proceeding was pending against him as he was served with charge-sheet on 25.4.2007 and ultimately, by order dated 4.1.2010 (Annexure P-1) respondent No.3/disciplinary authority after found him guilty of misconduct directed for withholding of his 10% pension under Rule 9(1) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (hereinafter called as 'Rules of 1976') as punishment for his alleged misconduct.

3. The petitioner has filed this writ petition stating inter-alia that withholding of his pension by respondent No.3 is contrary to law and it is violative of Articles 14, 16 and 21 of the Constitution of India as no notice has been served to the petitioner for withholding of his pension and therefore, it is liable to be set-aside and amount of Rs.42,249/- along with 18% per annum be directed to be paid by respondent No.3.

4. Return has been filed by respondent No.3 stating inter-alia that the order passed by respondent No.3 is in accordance with law. It has be