MAATWAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The prayer in the petition is to quash the order of recovery of Rs. 50,000.00 dated 9.9.2005, Annexure P-3.

(2.) Short facts of the case are that the petitioner was posted as Head Constable (Driver) at Police Training School, Indore, from where he was retired on 30.4.2005. It is alleged in the petition that on account of an accident, which took place in May, 2002, when the petitioner was going from Bhopal to Indore on his duty, a charge-sheet was issued to the petitioner and vide order dated 3.7.2003, petitioner was found guilty and was punished, whereby one annual increment was deducted with cumulative effect for a period of one year. It is submitted that upon his retirement pension of the petitioner was prepared and a sum of Rs. 50,000.00 was deducted from his pension.

(3.) Learned Counsel for the petitioner submits that the act of respondents is illegal, unconstitutional and deserves to be quashed. Reliance was placed on Art. 20 of Constitution of India, which reads as under:-