LAWS(MPH)-1999-7-3

STATE OF M P Vs. YOGENDRA PRASAD SHARMA

Decided On July 14, 1999
STATE OF MADHYA PRADESH Appellant
V/S
YOGENDRA PRASAD SHARMA Respondents

JUDGEMENT

(1.) RESPONDENT was a Deputy Collector. He has retired since. It appears that during his service tenure he was charged of some irregularities allegedly to have been committed by him resulting in loss of some Government money. An enquiry was ordered against him. He was compulsorily retired from service and his pension was also ordered to be withdrawn by impugned order dated 9-11-1990. He filed O. A. No. 111/93 challenging this which was partly allowed by Tribunal vide order dated 10-4-1997 requiring respondents to pass fresh orders for withdrawing his pension in accordance to proviso to Rule 9 of M. P. Civil Services (Pension) Rules, 1976 and in the Form provided under these Rules.

(2.) STATE has filed this petition now after two years or so calling in question the order passed by the Tribunal by placing a different interpretation on the provisions of Rule 9. The case set up is that under this proviso the requirement of minimum deduction was applicable to only part withdrawal of pension.

(3.) RESPONDENT arguing in person submitted that he was 73 years old and was being continuously harassed and pushed to the brink of starvation. He pointed out that State had quietly managed to obtain notice in this petition without filing any formal application for condonation of delay and had not brought to the notice of this Court this fact at first hearing. This was done allegedly only to prolong his agony and deprive him of his pension for good. There was not even a word of explanation for filing the petition after two long years and depriving him of his pension since 1990.