T.P. RATRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was subjected to departmental proceeding in accordance with the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short, 'the Rules of 1966') and pursuant to the said proceeding, enquiry report was submitted by the enquiry officer on 4-10-1997 holding that the petitioner was found guilty of charges levelled against him. On 6-6-1998, a copy of the enquiry report was served upon the petitioner and representation was asked to be submitted by him to which the petitioner represented vide Annexure P-3 on 28-1-1999 against the enquiry report, but the disciplinary authority did not take any decision. Meanwhile, the petitioner attained the age of superannuation and accordingly, he was superannuated on 30-6-2004 and thereafter, final order of imposition of penalty withholding an amount to the extent of 20% of pension from the petitioner, was passed by the Government of Chhattisgarh on 2-2- 2005. Questioning legality, validity and correctness of the order passed by the Government (Council of Ministers) in accordance with Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, 'the Rules of 1976'), this writ petition has been preferred by the petitioner holding the same to be unsustainable and contrary to Rule 9(1) of the Rules of 1976.

(2.) Return has been filed by the State stating inter alia that in accordance with the Rules of Business of the Executive Government, the Governor has delegated the power to withhold or withdraw pension to the Council of Ministers and accordingly, the Council of Ministers finding the petitioner guilty of grave misconduct, decided to exercise the power under Rule 9(1) of the Rules of 1976 and therefore there is no illegality in the order withholding pension to the extent of 20% and the writ petition deserves to be dismissed.

(3.) Rejoinder has been filed by the petitioner controverting the averments made in the return.