RAKESH KUMAR SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners, three in number who have retired from the post of Deputy Director (in case of petitioner No.1), Assistant Director (in case of petitioner No.2) and Sericulture Inspector (in case of petitioner No.3), have preferred this petition under Article 226 of the Constitution seeking quashment of common disciplinary proceedings commenced against them vide Annexure P/5 dtd. 21/5/2021 inter alia on the ground that the same are statutorily barred by Rule 9(2)(b) (ii) of Madhya Pradesh Civil Services Pension Rules, 1976 ("Pension Rules" for brevity).

(2.) Since a pure legal question is raised, this Court refrains from entering into the merits of the charges alleged and restricts judicial scrutiny to the applicability/non-applicability of the statutory bar contained in Rule 9(2)(b)(ii) of the Pension Rules.

(3.) The foundational facts necessary for adjudicating the aforesaid legal question are as follows: