MOHAN SADASHIV MULHERKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition 226/227 of the Constitution of India, the petitioner has prayed for quashing the proposed departmental proceedings to be conducted against him on the basis of letter No. MCO-2335/CR NO.101/UD-14 dated 19-9-1977. He has also challenged the action of the Respondents denying the benefit of temporary increase in pension as laid down in Government Circular dated 1-10-1981. He, therefore, prays for quashing of the order NO.2986/CR-6/81/6 dated 19-8-1987.

(2.) BRIEFLY stated, the facts are as under:

(3.) THE petitioner challenges the action of the Respondents in not granting the full retirement benefits to the petitioner and the holding of the departmental enquiry, on various grounds. He contends that he is entitled to the retirement benefits under Maharashtra Civil Services (Pension) Rules, 1982. Rule 27(2) (b) of these Rules provides that no enquiry can be conducted after retirement of the petitioners without the sanction of the Government. Furthermore, in any event departmental enquiry cannot be conducted after four years of the alleged misconduct. If the departmental procedings sought to be conducted against the petitioner are held to be illegal then he is entitled to full retirement benefits. In any event the respondents are not justified in not granting to him the benefit of the ad-hoc increase in pension on the basis of the ad-hoc increase in pay of Class-I Officers. Rule 27(2) (b) reads as under: