ANIL NANASAHEB PAWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for quashing the order of dismissal passed against him on 15th June, 1989. He has also prayed that after quashing the order of dismissal it be declared that the petitioner is entitled for the pensionary benefits. In the alternative he has prayed that even if the order of dismissal is upheld nonetheless it be decided that he is entitled to the pensionary benefits.

(2.) The facts leading to the passing of the order of dismissal may be briefly noticed.

(3.) The petitioner had filed the present petition during the pendency of his mercy petition. In the petition the petitioner claims that his absence from duty was innocent and unintentional. He has also stated that the authorities had compelled him to write letter dated 15th June, 1989 wherein he had stated that he would not be filing any petition against the punishment imposed on him. He has also tried to make out a case that the punishment is disproportionate to the misconduct committed. His conduct prior to the order of dismissal was satisfactory. He , therefore, claims that he should have been treated leniently. At best an order of compulsory retirement could have been passed. In any event even if they were to pass an order of dismissal then his pensionary benefits ought not to have been forfeited. A perusal of paragraph 13 of the petition, however, shows that he admits that he has completed only 14 years, 5 months and 2 days till his dismissal on 15th June, 1989. He also admits that he would have been eligible for voluntarily retirement only after completion of 15 years of service i.e. on 13-1-1990. Thus he admits that he was short by six months of service to retire in normal course and to avail pension/gratuity and other benefits. However, due to the dismissal the petitioner did not get any pensionary/retirement benefits at all and in addition he is declared unfit for any Government employment due to penalty of dismissal.