B P SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE present petition is filed by the petitioner challenging the order dated 3rd July, 1996 (Annexure A-22 ). By this order the respondents have directed to reduce the pension of the petitioner by 5%. This order has been passed by the respondents in exercise of the power vested with them under Rule 9 of the M. P. Civil Services Pension Rules, 1976.

(2.) THE petitioner retired from the services of the respondents w. e. f. 31-1-1990. Before retirement of the petitioner, a charge-sheet was issued to him on 16-8-1982 (Annexure A-3 ). A departmental enquiry against the same was continued and ultimately the respondents passed an order on 12-1- 1990 (Annexure A) permitting the petitioner to retire w. e. f. 31-1 -1990. A show-cause notice was issued to the petitioner on 30th July, 1991 (Annexure A-20 ).

(3.) ON the basis of the aforesaid facts, it is to be seen whether the res pondents would have any authority or right to pass an order after expiry of the period of two years from the date the petitioner retired from the services of the respondents.