A.S.SANDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 1/6/2023 (Annexure P-17) whereby respondents have deducted a sum of Rs.6.5 Lakh from the gratuity of the petitioner and further reduced pension by 10% for two years commencing from 1/7/2023.

(2.) The petitioner joined respondent No. 2-National Institute of Pharmaceutical Education and Research, Mohali on 10/5/1996 and he served the said institute upto 30/4/2020. The petitioner was posted as Garden Supervisor in the department of Industrial Products and in January' 2019 he was assigned additional charge of Registrar though he was neither eligible for appointment on the said post nor he was having any knowledge of administration. The date of superannuation of the petitioner was 30/4/2020 and respondent No. 2, on 15/2/2020, in terms of Rule 14 of CCS (CCA) Rules, 1965 served charge-sheet upon the petitioner. The respondent No. 2 by impugned order dtd. 1/6/2023 has partially held the petitioner guilty of charges levelled in the charge-sheet. The petitioner was subjected to following punishments:-

(3.) Counsel for the petitioner submits that petitioner has been held guilty and penalty has been imposed for making payment to a lawyer who was engaged with respect to litigation between Chairman and Director of the Institute. The fee bill was approved by Director and petitioner at that point of time was posted as officiating Registrar. The petitioner was not part of the litigation. The lawyer was not engaged by the petitioner and he had simply cleared fee bill of the lawyer which was approved by Director.