SURESHWAR DUTT PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) The present petition is directed against the order passed by the District Magistrate, Faizabad dated 23-3-1993 wherein the pension of the petitioner was stopped in expectation of sanction of the Government under the provisions of Regulation 351-A of Civil Service Regulations.

(2.) The petitioner retired from service on 31-7-1992. Admittedly after the petitioner retired from service charge-sheet was framed it was served on 23-10-1992. It is alleged that the petitioner did not submit any reply to the charge-sheet and the Enquiring Officer submitted his report dated 30-12-1992 in the Office of the District Magistrate on 2-1-1993. The inquiring Officer found first charge fully proved and the second charge was also found proved against the petitioner in the enquiry report. The pension papers were also sanctioned by the Board of Revenue and was given interim relief of Rs. 20,460/- and Rs. 27,363 35/- in view, of the report of the Enquiring Officer the action under Regulations 351-A of the Civil Service Regulations was taken by the impugned order.

(3.) It has not been placed on record that the Government has approved the action of the District Magistrate withholding the sanction of the pension. There is also no material on record that before order dated 23-3-1993 was passed under Regulation 351-A of Civil Service Regulation any show-cause notice was given to the petitioner. The impugned action has been justified in the counter-affidavit on the basis of the enquiry conducted after retirement of the petitioner in accordance with the provisions of Regulation 351-A (4) of the Civil Service Regulation. The respondents in the counter-affidavit have admitted that in view of the representations of the petitioner which are pending, it would not be proper to release the pension of the petitioner. The respondents have further taken the stand that they have recommended the case of the petitioner to the State Government for obtaining the sanction of the Governor as required under the provisions of Regulation 351-A.