UNION OF INDIA UOI Vs. KAMLA PRASAD TIWARI

JUDGEMENT

(1.) Heard Sri Satish Chaturvedi, learned Counsel for the petitioners and Sri K.K. Mishra, learned Counsel for the Respondent No. 1.

(2.) The Respondent No. 1 was an employee in the Accountant General Office. He retired from service on 30.6.1995. On 1.7.1995, he wrote a letter in the fake name of S.D. Tripathi, A.A.O. to the Chief Medical Officer, Shahjahanpur informing him that audit of office of Chief Medical Officer, Shahjahanpur shall be conducted from 4.7.1995 to 7.7.1995 for which the records should be kept ready. Though the Respondent No. 1 was a retired person even then the audit was done by him alongwith another person named Sanjay Tiwari. Information of the aforesaid unauthorised audit of the office of Chief Medical Officer, Shahjahanpur was given to the Deputy Accountant General (Inspection Civil). Action was taken against the Respondent No. 1 who was charge-sheeted and a show cause notice was issued to him and his pension was deducted by order of the competent authority. An appeal was filed against the order of the competent authority, which was also dismissed on 1.7.1999. The Respondent No. 1 filed an Original Application before the Central Administrative Tribunal impugning the aforesaid order. The same was allowed by the Tribunal on 23.11.2001 on the ground that the sanction of the President was not obtained as required under Rule 9 of the Pension Rules, 1972. Against the aforesaid order, a review petition was preferred by the petitioners which was rejected vide order dated 28.5.2002.

(3.) In order to appreciate the controversy, the relevant portion of Rules 8 and 9 of the Central Civil Services Pension Rules, 1972 are quoted herein below :