BHUJGONDA BHAU PATIL Vs. CHAIRMAN/SECRETARY OF INSTITUTION

JUDGEMENT

(1.) Appeal is allowed and disposed off. There shall be however, no order as to the costs of the parties in this appeal.

(2.) The order of removal dtd. 29/5/1999 stands hereby set aside and the findings recorded in the regular enquiry held by Mr. P. J. Rananavare are hereby ordered to be set aside on account of the illegal nature of ultimately inflicted punishment.

(3.) Appellant is hereby held as to have retired on his superannuation on 31/5/1996 as if without any such background of departmental enquiry and therefore, he shall be entitled to receive his entire salary and allowances till his date of superannuation and naturally would be entitled all the arrears of salary and wages as a result of Pay Commission either 4th Pay Commission or 5th Pay Commission as the case may be, which had incidentally occurred during the career of this appellant because of the pendency of the enquiry despite his retirement on superannuation. It is further made clear that the appellant shall be entitled to all his salary and wages as undated on account of various pay revisions even for the suspension period. The pension amount naturally shall be fixed of this appellant only after having given him all the benefits accrued to him on account of 4th Pay Commission as well as 5th Pay Commission as the case may be.