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2016 Supreme(MP) 922

S.C.SHARMA
Dau Ram Maheshwar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.M. Bohra, Learned Counsel.
For the Respondent/State: Mr. Peyush Jain, Learned Counsel.

ORDER :

S.C. SHARMA, J.

1. The petitioner before this Court has filed this present writ petition being aggrieved by the order dated 8/12/2014 (Annexure P/1) and order dated 20/1/2015 by which the respondents have passed an order of forfeiting the entire pension of the petitioner. The aforesaid order has been passed under Rule 9 of the M. P. Civil Services (Pension) Rules, 1976.

2. Learned counsel for the petitioner, at the outset, has raised a preliminary objection in respect of the impugned order. His contention is that no opportunity of hearing was given to the petitioner while passing an order of stoppage of pension. It is submitted that Rule 8 has to be read in consonance with Rule 9 of the Rules of 1976 and a proper Show Cause Notice has to be issued to the pensioner before passing any order forfeiting the pension. Learned counsel for the petitioner has placed heavy reliance upon the judgment delivered by the Chattisgarh High Court in the case of Jagatnarain Tripathi v. State of Chattisgarh and others reported in 2009 (3) MPHT 81 (CG).

3. On the other hand, learned counsel for the respondent - State has vehemently argued before this Court that keeping in view Rule 9 of the Rules o






























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