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1995 Supreme(MP) 1016

G.B.PATTANAIK, S.C.AGRAWAL
State of M. P. – Appellant
Versus
Yashwant Trimbak – Respondent


Advocates:
A.K. Chitale with Niraj Shanna and Satish Kumar Agnihotri for appellant;
S.K. Jain and A.P. Dhamija for respondent.

JUDGMENT

G. B. Pattanaik, J. -- 1. Leave granted.

2. This appeal is directed against the order dated 30.4.1993 of the Madhya Pradesh Administrative Tribunal (Indore Bench) in the Transfer Application No.3551 of 1988. By the impugned order the Tribunal has held that the departmental enquiry against the respondent was instituted without a proper and valid sanction as contemplated by Rule 9 (2) (b) (i) and (ii) of the Madhya Pradesh Civil Services Pension Rules, 1976 (hereinafter as 'Pension Rules') and as such it is not sustainable and deserves to be quashed. Being aggrieved by the aforesaid order of the Tribunal the State of Madhya Pradesh has approached this Court.

3. The respondent had retired from the post of Director, Institute of Animal Health and Veterinary Biological Products, Mhow on 31.7.1983. His retiral benefits had been sanctioned by the appropriate authorty. At that point of time, gross financial irregularities having come to the notice of the Secretary to the Government of Madhya Pradesh, Department of Animal and Cattle Wealth during the period while the respondent was continuing in the post of Director, Institute of Animal Health and Veterinary Biological Products from



































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