Back
VIVEK RUSIA, AMAR NATH KESHARWANI
State of M. P. Home Department – Appellant
Versus
Dilip Rao Tambe – Respondent
ORDER
1. The appellants/State have filed present Writ Appeal being aggrieved by order dated 16.8.2018 passed in Writ Petition No.2673/2010 whereby order of punishment has been quashed with liberty to pass appropriate order keeping in view the pension rules.
Brief facts of the case are as follows :
2. The writ petitioner served with charge-sheet on 18.4.2006, Enquiry Officer submitted a report on 9.1.2018. The writ petitioner was served with the enquiry report on 21.1.2008 with a second show cause notice. The Writ Petitioner submitted a reply on 15.2.2008. The Writ Petitioner was given one last increment on 1.1.2009, thereafter he retired from services upon attaining the age of superannuation on 30.9.2009. Vide order dated 7.1.2010, the State of Madhya Pradesh in the name of Governor, decided to punish him by reduction of one pay increment and stoppage of next pay increment with the cumulative effect which would result in the non-grant of increment due on 1.1.2009, hence, he would suffer the loss of two increments and pay fixation below two increments, accordingly, vide order dated 7.1.2010 he has been imposed punishment of reduction by two pay increments with cumulative effect having
Pension cannot be fixed to a reduced amount without the pensioner being found guilty of grave misconduct or negligence in a Departmental Enquiry or judicial proceeding, as per Rule 27(1) of the Mahar....
The principles of natural justice are excluded and have no application to cases falling under Rule 8(2) of the M.P. Civil Services (Pension) Rules 1976, and no notice or prior opportunity of represen....
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
