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2007 Supreme(All) 2331

V.M.SAHAI, SHISHIR KUMAR
BHAGWATI PRASAD VERMA – Appellant
Versus
STATE OF U P – Respondent


Advocates:
B.P.Singh, H.M.B.SINHA, R.K.Saxena, Veer Singh,

V. M. SAHAI, J.

The questions that arise for consideration in this petition filed by a retired Government servant are whether Gratuity can be withheld or forfeited under Regulation 351-A of the Civil Service Regulations; whether payment of Gratuity can be stopped under the Uttar Pradesh Retirement Benefit Rules, 1961 and the Uttar Pradesh Liberalised Pension Rules, 1961, without initiating proceedings under the aforesaid rules; whether the enquiry suffered for non-compliance of principles of natural justice and whether permanent curtailment of 5% pension under Regulation 351-A of the Civil Service Regulations was arbitrary and contrary to law?

2. The petitioner was selected and appointed in 1964 by the Public Service Commission, U. P. as a teacher in Government Inter College. He was promoted as lecturer in 1974. In 1991 he was promoted to the post of Vice Principal. In 1994 he was promoted on the post of District Non Formal Education Officer and was posted at Allahabad. He retired from service on 31st July, 1996. After about two years of superannuation the Governor on 22-6-1998 granted sanction for institution of disciplinary proceedings under Regulation 351-A of the Civil Service R




























































































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