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2010 Supreme(MP) 925

R.S.GARG, R.K.GUPTA
D. D. Jalota – Appellant
Versus
State of M. P. – Respondent


JUDGMENT

R.S. Garg, J.

1. The petitioner who was working as Assistant Engineer in the Public Works Department was served with a charge-sheet on 3-10-1981, levelling the charges that he committed wrong and thereby caused loss to the State Government. It appears that the enquiry continued up to 30-11-1983 when the petitioner stood retired. Final order awarding the punishment of withholding of 26% of the pension was passed on 5-12-1985. Being aggrieved by the said order dated 5-12-1985 issued in the name of the Governor, the petitioner filed a Misc. Petition No. 1065/1986 in the High Court, which came to be transferred to the State Administrative Tribunal, Bhopal and was registered as Transfer Application No. 1797/1988. The petitioner submitted before the Tribunal that award of the punishment on 5-12-1985 was contrary to law and was absolutely illegal. It was also submitted by him that as per the order has not been passed by the Governor but has been passed in the name of the Governor even without seeking the approval from the Governor, the order was patently illegal. The matter was contested by the State Government but, however, vide judgment dated 23-1-1999 the Division Bench of the T































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