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2012 Supreme(All) 1104

ASHOK BHUSHAN, PRAKASH KRISHNA
RAJVEER SINGH JUREL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anil Kumar Srivastava and Swarn Kumar Srivastava for the Petitioner; C.S.C., Pushpendra and V.K. Singh for the Respondents.

JUDGMENT

By the Court.—Heard Shri Anil Kumar Srivastava, learned counsel for the petitioner and Shri V.K. Chandel, learned Standing Counsel appearing for the respondents. Counter-affidavit, supplementary counter-affidavit as well as rejoinder-affidavit have been exchanged between the parties and with the consent of the learned counsel for the parties, the writ petition is being finally disposed of.

2. By this writ petition, the petitioner has prayed for quashing the order dated 15.4.2010 issued by the State Government reducing pension of the petitioner exercising power under Section 351-A of Civil Services Regulations. The petitioner has further prayed to issue a writ, order or direction in the nature of mandamus commanding the respondents not to recover any amount from the pension of the petitioner, in pursuance of the impugned order.

3. Brief facts of the case as emerged from the pleadings of the parties are :

The petitioner who was working as Chief Engineer, Minor Irrigation Department retired on 31.8.2007. Two days before the superannuation he was placed under suspension on the basis of several allegations. A charge-sheet was issued on 31.8.2007 i.e. on the last day of the retireme
























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