JANARDAN CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) PANKAJ Mithal, J. The short question involved in the present writ petition is as to whether an order of punishment affecting the post retiral benefits i. e. , curtailment of pension can be passed by the Disciplinary Authority against the petitioner despite his retirement or after his retirement.

(2.) THE petitioner was in service of Chandra Shekhar Azad University of Agriculture and Technology, Kanpur. He was superannuated vide order dated 27-12-2002 on completion of 60 years of age w. e. f. 31- 12-2002. After the petitioner had retired, as per the resolution of the Board of Management dated 18-1- 2003 the pension admissible to the petitioner has been reduced by 1/3rd vide the impugned order dated 21-2-2003.

(3.) A perusal of the record reveals that admittedly the petitioner retired from service w. e. f. 31-12-2003. In fact, the petitioner had also challenged his above retirement and had claimed that he was entitled to continue in service till the end of the session i. e. , till 30-6-2003 but during the course of arguments learned counsel for the petitioner gave up the above claim and has confined his arguments with regard to the illegality of the impugned order of punishment dated 21-2-2003 passed on the basis of the resolution of the Board of Management dated 18-1-2003. In view of the above, the retirement of the petitioner w. e. f. 31-12- 2002 remains undisputed and stand confirmed.