STATE OF GUJARAT Vs. A.S. PATEL

JUDGEMENT

(1.) The question which has arisen for consideration in this Letters Patent Appeal is whether a Government servant, who is being proceeded against departmentally even after the superannuation, is entitled to receive full amount of gratuity and also commuted pension under orders of the Court.

(2.) The respondent was working as an Area Development Commissioner under the State of Gujarat and he retired from Government service on 31st Dec., 1991. Prior to his superannuation, departmental proceedings were initiated and charge-sheet dated 30th Dec., 1991 was served on him. On 27th Dec., 1991 the respondent was also informed, that, as the departmental inquiry was pending and will be continued after his retirement, his pension and gratuity, etc. would be subject to the relevant provisions of the Bombay Civil Services Rules.

(3.) The respondent filed a writ petition under Art. 226 of the Constitution, not only challenging the order with regard to his pension and gratuity being regulated by the Bombay Civil Services Rules, but he also sought to impugn the charge-sheet itself; and had also prayed for release of retirement benefits.