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2014 Supreme(MP) 1516

K.K.TRIVEDI
R. K. Jain – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Ashutosh Tiwari, Learned Counsel.
For the Respondents: Vaibhav Tiwari, Learned Panel Lawyer.

JUDGMENT :

K.K. Trivedi, J.

1. This writ petition under Article 226 of the Constitution of India is directed against the order dated 27.06.2008 passed by the respondent No. 2 as also the order dated 24.05.2011 passed in appeal of the petitioner by respondent No. 1. By the impugned final order dated 24.05.2011, a penalty of withholding of 10% pension of the petitioner is imposed on the petitioner under Rule 9(1) of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (herein after referred to as 'Pension Rules'). By the order dated 27.06.2008, recommendation is made by respondent No. 2 for imposition of penalty of withholding of 5% pension of the petitioner for a period of one year under the aforesaid Pension Rules.

2. The facts giving rise to the present writ petition are that while the petitioner was in service as Food Inspector, a charge-sheet dated 19.02.2002 was issued to him under the provisions of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (herein after referred to as 'CCA Rules') for conducting a regular departmental enquiry for alleged misconduct, in terms of Rule 14 of the CCA Rules. The petitioner attained the age of superannuation




























































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