MADHUKAR SHIVRAM BHANGALE Vs. STATE OF MP

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India assails the order dated 16.06.2005, Annexure P-15 whereby as a measure of punishment 50% of pension of the petitioner is stopped under M.P. Civil Services Pension Rules, 1976 (hereinafter called as "Pension Rules").

(2.) The case of the petitioner as projected in the present petition is that he was initially appointed as LDC and was then promoted as UDC and Assistant Accountant. The petitioner was served with a chargesheet dated 01.12.1999. The petitioner submitted his reply and denied the charges. The Department, in turn, appointed an Enquiry Officer. The Enquiry Officer conducted the enquiry and found the charges as proved. The enquiry report was supplied to the petitioner and his response was invited. After obtaining the response of the petitioner, the Department passed the order dated 13.09.2001, Annexure P-5- A. This punishment order was challenged by the petitioner by preferring a Departmental Appeal. The learned Appellate Authority by order dated 08.07.2002, Annexure P-7, set aside the dismissal order and remitted the matter back with direction to deal the matter under the Pension Rules and pass appropriate orders. In turn, the petitioner was served with a show cause notice dated 20.05.2003, Annexure P-8, under the Pension Rules. The petitioner filed his reply on 04.06.2003, Annexure P-9. An order of reduction in pension by 50% was passed by District Judge, Khandwa on 22.08.2003, Annexure P-10.

(3.) The petitioner again preferred an appeal against this order dated 22.08.2003. The Appellate Authority set aside the said order by order dated 21.07.2004, Annexure P-12 and remitted the matter back before the District Judge to pass an order in accordance with law by putting the petitioner to notice. The notice should be confined to the question of proposed punishment. In turn, show cause notice dated 06.10.2004, Annexure P-13 was issued. Thereafter by impugned order the Competent Authority i.e. Governor of the State has decided to stop 50% of the pension of the petitioner by order dated 16.06.2005. This order is passed after obtaining reply of the petitioner on the show cause notice.