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2011 Supreme(Raj) 2067

ARUN MISHRA, NISHA GUPTA
State of Rajasthan – Appellant
Versus
Narottam Lai Sharma – Respondent


Advocates:
For the Appellant:Raj Sharma, Advocate.

JUDGMENT

1. - Defects have not been removed, on this count alone the special appeal is liable to be dismissed. But if taken the defect are removed, the appeal is liable to be rejected on merits also.

2. In short the facts of the case are that the respondent Narottam Lal Sharma, retired on 30.9.1993 from the post of Executive Engineer. He has been penalised vide order dated 1.3.1997 in departmental enquiry. The penalty which has been imposed upon the respondent is stoppage of 20% pension for the period of five years, and recovery of Rs. 20,000/-. The writ petition was preferred against this order. Vide order dated 8.7.2010, in S.B. Civil Writ Petition No. 2116/1997, the writ petition was partially allowed, and recovery of Rs. 20,000/- is maintained. However, penalty order of stoppage of 20% pension for the period of five years is set aside. Hence, this special appeal.

3. Heard learned counsel for the appellant.

4. Learned counsel for the appellant submits that as a result of the order of learned Single Judge the Government is put to pecuniary loss. The State Government is entitled to recover the loss suffered by it. Learned Single Judge has held that loss caused to State Government, ha





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