RAJVEER SINGH JUREL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri. Anil Kumar Srivastava, Learned Counsel for the petitioner and Shri V.K. Chandel, learned Standing Counsel appearing for the respondents. Counter-affidavit, supplementary counter-affidavit as well as rejoinder-affidavit have been exchanged between the parties and with the consent of the Learned Counsel for the parties, the writ petition is being finally disposed of. By this writ petition, the petitioner has prayed for quashing the order dated 15.4.2010 issued by the State Government reducing pension of the petitioner exercising power under Section 351-A of Civil Services Regulations. The petitioner has further prayed to issue a writ, order or direction in the nature of mandamus commanding the respondents not to recover any amount from the pension of the petitioner, in pursuance of the impugned order.

(2.) Brief facts of the case as emerged from the pleadings of the parties are :

(3.) One Hariminder Raj Singh, Principal Secretary (Agriculture) was appointed as an inquiry officer vide order dated 10.12.2007. An inquiry report was submitted on 29.2.2008 exonerating the petitioner from all the charges. The said inquiry report was considered by the State Government and the State Government issued a notice. An order was issued on 15.7.2008 opining that charge No. 1 appears to be fully proved. The copy of the inquiry report was forwarded to the petitioner requesting him to submit his representation, if any within 15 days. After receiving the show-cause notice dated 15.7.2008 raising various pleas and giving facts, the petitioner disproved the charge No. 1.