RADHA KRISHNA SHARMA Vs. STATE OF.M.P

JUDGEMENT

(1.) This intra Court Appeal u/S. 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order dated 01.07.2020 in W.P.8940/2020 passed by learned Single Judge while exercising writ jurisdiction u/Art.226 of the Constitution dismissing the petition in question by which challenge was made to the order dated 19.03.2020 issued u/Rule 9(1) of M.P. Civil Services (Pension) Rules, 1976 ("Pension Rules" for brevity) vide P-1 withdrawing 100% pension of petitioner who had retired from the post of Revenue Inspector on attaining the age of superannuation on 31.05.2016.

(2.) Learned Single Judge held that in absence of any prejudice established by petitioner, the non-issuance of show-cause notice prior to withdrawal of pension cannot per se assist the petitioner in the absence of establishing prejudice, for which reliance was placed on Natwar Singh Vs. Director of Enforcement, 2010 13 SCC 255 & State Vs. N.S. Gnaneswarab, 2013 3 SCC 594.

(3.) Before embarking upon adjudication, it would be apt to delineate the basic facts which are as follow: