K L VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The short point in this case is whether the President of India's order dated 20-12-1979 imposing the penalty on the petitioner of withholding for five years fifty per cent of the monthly pensionotherwise admissible to him is valid in law or not.

(2.) These are the facts. The petitioner was serving as a private assistant in the Research and Development Organisation, Ministry of Defence. He retired from service with effect from 31-10-1977. In 1976 the petitioner's wife had purchased a factory. The charge brought against the petitioner was that he had acquired immovable property in the name of his wife without the previous knowledge and sanction of the prescribed authority and had thereby violated Rule 18(2) of the Central Civil Services (Conduct) Rules, 1964 (C.C.S. (Conduct) Rules). An inquiry officer was appointed to conduct an enquiry into this matter. He made his report. He found that the petitioner had committed merely 'a minor offence' and was not guilty of lack of integrity or conduct unbecoming of a government servant. He found as a fact that the petitioner did inform the Government about the acquisition of the factory by his wife, but not in time. The inquiry officer concluded that it was "agenuine case of misinterpretation of the rules on the subject or ignorance of the rules". He said : "the petitioner to my mind had no intention to hide the fact. of .his wife having acquired the factory. In my opinion it is a minor offence".

(3.) Notwithstanding this mild view of the inquiry officer that it was 'a minor offence' the Government imposed the penalty of depriving the petitioner of fifty per cent of his pension for a period of five years. The petitioner has challenged this order in the present petition.