STATE OF M P Vs. R K JOSHI

JUDGEMENT

(1.) FEELING aggrieved by the order passed by the M. P. State Administrative Tribunal, Gwalior, whereunder allowing the application filed by the respondent No. 1 herein, the present petitioners had been directed to pay interest at the rate of 12 per cent per annum on the withheld amount of death-cum-retirement gratuity for the period from the date of retirement of the said respondent till the actual payment of the said amount, which was required to be paid within a period of three months from the date of the order, they have approached this Court by means of the present writ petition under Article 227 of the Constitution of India seeking redress praying for the reversal of the impugned order passed by the Tribunal.

(2.) WE have heard the learned Government Advocate representing the petitioners as well as the respondent No. 1, who has put in appearance in the case at this stage, and have carefully perused the record.

(3.) THE facts in brief, shorn of the details and necessary for the disposal of this writ petition lie in a narrow compass. Disciplinary Proceedings against the respondent No. 1 were initiated while he was holding the post of Sahayak Sanchalak, Sthaniya Nidhi Sampariksha, Ujjain, with the service of charge-sheet upon him on 12-3-1996. The charges levelled against him were in regard to irregularities in certifying the fixation of the salary in the higher time scale of pay granted to 31 lower division clerks employed in the Vikram Vishvavidyalaya. He submitted his explanation to the charges levelled against him in 29-3-1996 denying the charges. The Enquiry Officer was appointed, who submitted his report on 4-8-1997 holding that none of the charges levelled against the respondent No. 1 had been proved. The State Government accepting the report of the Enquiry Officer exonerated him from the charges and terminated the disciplinary proceedings vide the order dated 25-10-1997.