SUNHERILAL SAHARIYA Vs. STATE OF MSDHYA PRADESH

JUDGEMENT

(1.) EARLIER this petition was filed before M.P. State Administrative Tribunal, Indore as Original Application No. 1612/2000. After abolition of the Tribunal, it has been transferred to High Court.

(2.) PETITIONER has filed this petition challenging the impugned order dated 21.3.2000 (Annexure A/10). By the said order 25% amount of the pension of the petitioner has been forfeited permanently under Rule 9 of M.P. Civil Services (Pension) Rules, 1976 (here -in alter referred to as Pension Rules).

(3.) ON 21.9.1987, a departmental enquiry was instituted against the petitioner and six charges were levelled against him with regard to irregularities committed by him and misappropriation of the amount, when he was posted on deputation. He replied the said charges and denied all the charges. Thereafter, vide order dated 13.1.1988 Deputy Registrar, Accounts, Bilaspur was appointed as Enquiry Officer. Me conducted the enquiry and additional charge -sheet was also issued to the petitioner and thereafter submitted an enquiry report. Petitioner was absent during the enquiry proceedings and ex -parte enquiry was conducted against him. Enquiry Officer found all the charges proved. Thereafter, a show cause notice was issued to the petitioner on 21.1.1994 alongwith the enquiry report. Petitioner submitted his reply. Thereafter, vide order dated 30.6.1994 disciplinary authority found that the enquiry report was not proper. There were irregularities in the enquiry. Hence, he returned the proceedings to the Enquiry Officer for conducting the re -enquiry in the matter.