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CENTRAL ADMINISTRATIVE TRIBUNAL
Akhil Kumar Srivastava, J, Mallika Arya, A
B.K. Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to penalty imposed on pension. (Para 3) |
| 2. respondents' defense of misconduct and penalty. (Para 4 , 5 , 6) |
| 3. procedural adherence in disciplinary inquiry. (Para 9 , 10 , 11) |
| 4. legal basis for withholding pension. (Para 12 , 13) |
| 5. judicial review standards in disciplinary matters. (Para 14 , 15 , 16 , 17) |
| 6. affirmation of penalty's legality. (Para 18) |
| 7. final dismissal of the application. (Para 19) |
O R D E R
By Ms. Mallika Arya, AM
By way of filing the instant original application, the applicant is challenging the legality, validity and propriety of the order dated 28.8.2014 Annexure-A/1, whereby penalty of withholding of 20% of monthly pension for a period of five years has been imposed against him by exercising the power under Rule 9 of CCS (Pension) Rules, 1972.
2 The brief facts of the case are that that the respondent No. 4 had issued a charge-sheet dated 15.05.2009 to the applicant under Rule 14 of CCS (CCA) Rules, 1965. The applicant submitted his reply and denied the allegations in totality. The applicant retired from service on attaining the age of superannuation on 31.08.2009. The report of the Inquiry Officer dated 27.03.2011 was supplied along wi
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