STATE OF U P Vs. R C MISRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred against the judgment and order dated 16.3.2004 of Allahabad High Court (Lucknow Bench, by which the writ petition filed by the State of U.P. was dismissed. In the writ petition challenge was laid to the order dated 10.4.2002 passed by U.P. Public Service Tribunal, Lucknow (hereinafter called the Tribunal) by which the claim petition filed by the respondent R.C. Misra had been allowed and the order passed by the State Government for recovery of certain amount from his pension/gratuity was set aside.

(3.) The respondent was working as Block Development Officer when he was placed under suspension by the order dated 20.10.1997 and a charge sheet containing 12 charges was served upon him on 24.10.1997. The respondent attained the age of superannuation on 31.10.1997 and retired from service. The enquiry officer submitted a report on 16.11.1999 that all the 12 charges levelled against the respondent were found to have been established. Thereafter, an order was passed by the State Government on 25.1.2001 directing recovery of Rs.9,69,141.60 from the pension/gratuity of the respondent. The respondent filed a claim petition before the U.P. Public Service Tribunal, Lucknow, challenging the aforesaid order passed by the State Government. The Tribunal allowed the claim petition by the order dated 10.4.2002 and set aside the order passed by the State Government directing recovery of Rs.9,69,141.60 from the respondent. It was, however, left open to the State Government to proceed against the respondent under Regulation 351A of the Civil Service Regulations after obtaining sanction from the competent authority. The appellant State of U.P. filed a writ petition challenging the aforesaid order of the Tribunal but the same was dismissed on 16.3.2004.