STATE OF MADHYA PRADESH Vs. 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, 1979(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 has approached this Court.

(3.) The respondent had retired from the post of Director Institute of Animal Health and Veterinary Biological Products, Mhow on 31th July, 1983. His retiral benefits had been sanctioned by the appropriate authority. At that point of time gross financial irregularities having come to the notice of the Secretary to the Government of Madhya Pradesh. Department of Animal and Cattle Wealth during the period while the respondent was continuing in the post of Director, Institute of Animal Health and Veterinary Biological Products from 1977 onwards, a letter was issued to the said respondent proposing an enquiry against him on 6th April, 1985. Thereafter a charge sheet was served upon the respondent on 2nd April, 1986 and a departmental enquiry was ordered against him. The appropriate authority further withheld 50 per cent of his pension and a part of the gratuity amount of the respondent. The respondent being aggrieved by the said order moved the High Court of Madhya Pradesh for quashing the aforesaid enquiry as well as for quashing the order of withholding a part of the pension and gratuity, interalia on the ground that without the sanction of the Governor as contemplated under Rule 9(2)(b)(i) of the pension Rules, the proceeding is vitiated and also the consequential order withholding a part of the pension and gratuity. During the pendency of the application before the Madhya Pradesh High Court, the State Tribunal having been constituted the proceeding was transferred to the Administrative Tribunal and the Tribunal finally disposed of the matter.