STATE OF M.P. Vs. DR. YASHWANT TRIMBAK

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the order dated 30th April, 1993 of the Madhya Pradesh Administrative Tribunal (Indore Bench) in the Transfer Application No. 3551 of 1988. By the impugned order the Tribunal has held that the departmental enquiry against the Respondent was instituted without a proper and valid sanction as contemplated by Rule 9(2) (b) (i) and (ii) of the Madhya Pradesh Civil Services Pension Rules, 1976 (hereinafter as 'Pension Rules') and as such it is not sustainable and deserves to be quashed. Being aggrieved by the aforesaid order of the Tribunal the State of Madhya Pradesh had approached this Court.

(3.) IN the return filed by the State and its officers it was contended that the Respondent had committed grave financial irregularities during his tenure relating to period of 1977 onwards. The said financial irregularities came to the notice of appropriate authority after the pension case of the Respondent was forwarded by the Director of Veterinary Service. In tact the Respondent before his superannuation got the no demand and no enquiry certificate is sued in his favour on mis -representation of facts. When the financial irregularities and embezzlement committed by the Respondent came to the notice of the appropriate authority, as a result of investigation started by the Economic Wing of the Police, the appropriate authority took the decision to initiate the departmental proceedings. Before initiation of the departmental proceedings against the Respondent under the provision of Pension Rules of 1976, due sanction of the Council of Ministers had been obtained and the order in question was communicated to the Respondent by a duly authenticated order purported to have been passed by order of the Governor of Madhya Pradesh. The order in question though had been signed by the Under Secretary to the Government of Madhya Pradesh, Department of Animal Husbandry, but it has been clearly stated.