AHMAD HUSSAIN Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner was working on the post of Chief Warder in the Jail Department of the Government of M.P. On the basis of incident dated 03.03.2008 a charge-sheet was issued to hirn on 24.03.2008 levelling as many as 3 charges. A departmental enquiry was conducted for the charges levelled against him in which he was found guilty by the Enquiry Officer. Before the order of penalty could be passed by the disciplinary authority, the petitioner was retired on 31.05.2008. Thereafter, the disciplinary authority vide order dated 01.07.2008 (AnnexureP-1) inflicted upon the petitioner penalty under Rule 10 (iv) of the M.P. Civil Services (Classification Control and Appeal) Rules, 1966 (for short the MPCCA Rules) of reduction of his pension permanently to the extent of 1% with cumulative effect. Aggrieved, the petitioner submitted an appeal before the Appellate Authority. The Appellate Authority vide order dated 22.10.2008 (AnnexureP-2) dismissed the said appeal. Aggrieved the petitioner has filed this petition.

(2.) According to the petitioner imposition of penalty of reduction in pension by 1% with cumulative effect invoking Rule 10 (iv) of the MPCCA Rules is illegal and without jurisdiction. According to him, there is no provision of reduction of pension under Clause (iv) of Rule 10 of the MPCCA Rules and such a penalty could not have been imposed upon the petitioner.

(3.) The respondents have submitted reply and have justified the action by contending that since the petitioner was held guilty in a departmental enquiry conducted against him, the impugned order of penalty has been passed which is permissible under Rule 10 (iv) of the MPCCA Rules.