CHANDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The special appeal arises from a judgment of the learned Single Judge dated 7 November 2013. By the judgment, which is impugned, the learned Single Judge dismissed a petition filed by the appellant seeking to question several orders, the substance of which is that 10% of the pension which is payable to the appellant has been withheld under Regulation 351-A of the Civil Service Regulations, (hereinafter referred to as 'the Regulations').

(2.) The charge against the appellant which has been held to be proved in pursuance of an enquiry in which the appellant participated is that when the appellant was working on the post of Naib Tehsildar in 1990-91 he had issued a false certificate to one Rama Kant S/o Babu Ram to the effect that he had rendered service in the Government between February 1981 to June 1982. The learned Single Judge has held that the enquiry was conducted in accordance with the principles of natural justice and was fair and proper. Following a decision of the Supreme Court in A. Savariar Vs. The Secretary, Tamil Nadu Public Service Commission and another 1, the learned Single Judge has held that once there was tangible evidence to support the charge of misconduct, no case for interference under Article 226 of the Constitution is made out.

(3.) The submission which has been urged on behalf of the appellant is that no pecuniary loss is found to have been sustained by the Government and hence, no deduction from the pension could have been ordered under regulation 351-A of the Regulations. Regulation 351-A of the Regulations reads as follows: