LAWS(CHH)-2018-10-247

HARISH CHANDRA DAHARIYA Vs. STATE OF CHHATTISGARH

Decided On October 11, 2018
Harish Chandra Dahariya Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 16.12.2011, Annexure P-1, whereby the respondents have issued an order of permanently withholding the pension payable to the petitioner.

(2.) Brief facts of the case are that at the relevant point of time the petitioner who was working as Naib Tahsildar in District Kawardha was proceeded in a departmental enquiry under Rule 14 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966. Subsequently, the petitioner was inflicted with a minor punishment of stoppage of one increment without cumulative effect vide order dated 7/22.6.2002. The said order was not challenged by the petitioner and the same in due course of time attained finality and it was also acted upon by the respondents. Subsequently, after about 91/2 years time, the appellate authority i.e. the Commissioner, Raipur, ordered for the review of the said punishment imposed upon the petitioner on 7/22.6.2002. Meanwhile, the petitioner stood retired from services on 30.4.2010.

(3.) Based upon the said review proposed by the appellate authority, the State Government issued a notice to the petitioner on 22.2.2010 but the same could not be served upon the petitioner and thereafter the respondents straightaway issued the order, Annexure P-1, whereby the respondents with the permission of his Excellency, the Governor, inflicted a major punishment of stopping of pension payable to the petitioner permanently.