JAGDISH RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shri Jagdish Rai, Tehsildar (Sales) (since retired) has filed the present writ petition under Articles 226 and 227 of the Constitution of India by making a prayer that a writ in the nature of certiorari be issued and the order dated 3rd August, 2001 (Annexure P-7) vide which a 5% cut has been imposed on the pension of the petitioner for a period of ten years may be quashed.

(2.) The case set up by the petitioner is that on 27.1.1997 he was issued with the charge-sheet for commission and omission of certain acts when he was posted as Tehsildar (Sales). The petitioner submitted reply to the charge- sheet on 25.2.1997. Respondent No. 1 appointed Under Secretary as an Inquiry Officer and the Inquiry Officer gave his report on 29.10.1997 to the competent authority. On 3.1.2000 the respondent No. 1 issued a memo to the petitioner vide which he was provisionally of the opinion that a penalty of 5% cut in pension for a period of ten years should be imposed. The petitioner gave the reply on 28.1.2000 and finally the order was passed on 3.8.2001 vide which the proposed penalty of 5% cut in the pension for a period of ten years was imposed.

(3.) The petitioner has challenged the above-said order mainly on the ground that this order was passed on the basis of the charge No. 4, but the Enquiry Officer has exonerated the petitioner under that charge by holding that he does not find the rate of Rs. 20/- per sq. yd. charged for the transfer of the property as unreasonable.