JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 30.9.2009 imposing monthly pension cut of Rs.500/- for 5 years and to refund the amount if any deducted from the pension of the petitioner with interest.

2. Briefly stated facts of the petitioner are as under:

2.1 The petitioner was serving as Taluka Development Officer and he retired on superannuation on 30.6.2002. A charge-sheet dated 11.3.2002 came to be issued by the State Government for holding departmental enquiry against the present petitioner where the petitioner was serving as Taluka Development Officer from 22.2.2000 to 13.6.2001 at Lakhtar, at that time, an amount of Rs.32,01,440/- was paid more in connection with the damage caused due to earthquake in 84 cases of Bhadwana village. The petitioner sent his reply and denied the charge. The Enquiry Officer appointed as regular enquiry came to be conducted. The Enquiry Officer his filed his report on 11.6.2006, wherein he did not find the charge proved against the petitioner. However, the Disciplinary Authority did not agree with the findings of the Enquiry Officer and is