SHANKAR PRASAD SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ADMIT .

(2.) AS only a short legal question is involved we proceed to dispose of the writ petition finally.

(3.) THE Petitioner is aggrieved by the order dated 20 -1 -1983, Annexure No. 1 to the petition, whereby the Chief Conservator of Forests, exercising power under Regulation 351A of the Civil Service Regulations, directed withholding the Petitioner's pension and gratuity after his retirement. The relevant facts are that an enquiry was pending against the Petitioner for four charges as far back as on 29 -8 -1973. The enquiry officer submitted a report against the Petitioner on 16 -12 -1974. No action was taken thereon at that time. However the Petitioner was compulsorily retired on 22 -9 -1975, but that order was quashed by the U.P. Public Services Tribunal on 29 -4 -1980. The Petitioner was reinstated and ultimately on attaining the age of super -annuation he retired on 30 -9 -1980. We are informed by the learned State Counsel that a writ petition filed by the State Government against the order of the U.P. Public Services Tribunal is still pending in the High Court. That is, however, not material for the purposes of this case. Thereafter on 20 -1 -1983 the impugned order was passed on the basis of the finding in the aforesaid departmental enquiry.