ATMA RAM SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, who has retired from service on 28.2.1993 while holding the post of Additional Secretary, Regional Office, U.P. Board, Allahabad, by means of the present writ petition has prayed that the impugned order dated 31.5.1995 passed by the State Government, which was served upon the petitioner on 27.10.1995 by means of which the Governor of U.P. exercising his powers under Section 351-A of Civil Service Regulations, directed the reduction of 5% of pension with permanent effect, be quashed. The petitioner has also prayed for the issuance of a writ in the nature of mandamus commanding the respondents to forthwith disburse the deducted amount to the petitioner along with interest at the rate of 14 per annum from the date of retirement till the date of actual deduction.

(2.) Before dealing with the question as to whether the order of the State Government, which has been impugned in this writ petition, considering the facts and circumstances of the case, was legal or not, the facts in brief which warranted such an action deserves to be elucidated.

(3.) On 10.11.1991, by a public notice, which was published in the news-papers, the petitioner invited tenders for the sale of unused answer books of the high school and intermediate examinations and other materials. Condition of the tenders published was that the tenderers had to deposit 10% of the costs as security money. On 25.11.1991, the tenders were opened before the Tender Committee, which consisted of the petitioner, the Deputy Collector as a nominee of the District Magistrate, the Assistant Director, Government Press, Allahabad as a nominee of the Director, Government Press, Allahabad and two Deputy Secretaries of the U.P. Board of High School and Intermediate Examination and one Shri R.B. Tewari, Assistant Secretary of U.P. Board of High School and Intermediate Examination, regional office, Allahabad.