RAMESHWAR PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 20-9-2006 by which the concerned authority, in exercise of its power of review under Rule 29 of the M. P. Civil Services (Classification, Control and Appeal)Rules, 1966 (hereinafter referred to as 'the Rules of 1966') has reviewed the order dated 7-5-1987 by which the petitioner had been compulsorily retired from service and converted it into an order of termination.

(2.) BRIEF facts, leading to the filing of the present petition, are that the petitioner, who was appointed on 16-5-1955 as an Assistant Teacher, was proceeded with departmentally in the year 1985 which ultimately culminated in passing of an order of punishment on 7-5-1987 by imposing a punishment of compulsory retirement. The aforesaid punishment was imposed upon the petitioner as the allegations of producing a false certificate regarding his qualification were found to be established against him. The authority while imposing the aforesaid punishment, has clearly stated that though the misconduct of the petitioner was of a serious nature, but as he had already rendered about 37 years of service, a punishment of compulsory retirement was being imposed upon him.

(3.) SUBSEQUENT to the aforesaid punishment order, the petitioner's pensionary and other retiral benefits were not computed and settled by the respondents and, therefore, the petitioner on realizing that his representations were not yielding any result, filed a petition before the State Administrative tribunal in the year 2001 which was ultimately transferred to this Court and was registered as W. P. No. 17467/2003 and was disposed of by order dated 6-1-2004 in the following terms :-