HASMUKHBHAI NARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, challenge is made to the action of the respondent authorities, whereby monthly pension of the petitioner was stopped from April, 2001.

(2.) HEARD Mr. Kedar Biniwale learned advocate for the petitioner and Mr. K.L.Pandya learned Assistant Government Pleader for the authorities of the Government.

(3.) THE authorities of the Government stopped paying monthly pension to the petitioner from April, 2001. Before doing so, no procedure was followed by the authorities, nor anything was even intimated to the petitioner. Under these circumstances, the petitioner approached this Court. In response to the order of this court dated 9.8.2004 of issuance of notice, it was contended by the State authorities that because of some financial irregularities in the office of Divisional Officer, Medical Stores, Baroda (where the petitioner was not working), the responsibility of the petitioner could also be fixed, and therefore his pension was stopped. This Court (Coram: R.M.Doshit, J.), while admitting the petition on 19.7.2004, found and recorded that, the respondent authorities did not have any power or authority to withhold the pension of the retired government servant except in accordance with Rules. It was further observed in para-5 of the said order that admittedly, no order as envisaged under Rule 188 or 189-A of the Bombay Civil Services Rules was made against the petitioner. In absence of any such order, the action of the authorities of withholding the pension was found to be unsustainable by this Court, and therefore, by way of interim order, it was directed that the payment of monthly pension to the petitioner be resumed immediately i.e. with effect from 1.8.2004.