DR. ISHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who had retired as Principal, Government Dental College and Hospital, Amritsar on Aug. 31, 1982, was served with a show cause notice dated Jan. 18, 1988 calling upon him to explain as to why a cut of 10% be not imposed on his pension. The petitioner has filed the present writ petition to challenge this show cause notice on the ground that it is ''ultra-vires Rule 2.2(b) of the Pension Rules'' and '' it offends against Art. 300-A of the Constitution of India''. He prays that this notice be quashed and the respondents be directed to release all the retiral benefits.

(2.) In the written statement filed on behalf of the respondents, it has been inter alia pointed out that the petitioner's son was a candidate for admission to the MDS Course. He had produced a copy of the detailed marks certificate of the First professional examination of BDS indicating that he had secured 290 marks. This certificate was attested by the petitioner. Thereafter, original application and the selection list were got removed by the petitioner '' with the connivance of his subordinates after taking over as Principal of Punjab Government Dental College and Hospital, Amritsar where his son got admission in MDS on the basis of forged certificate''. A charge sheet was issued to the petitioner. It has been further stated that the enquiry was going on against the petitioner before he had retired. After his retirement, the full pension was sanctioned on provisional basis. However, it was subject to the finalisation of the enquiry pending against him. The Vigilance Department submitted its final report holding the petitioner guilty. This report was received on Aug. 10, 1987. Thereafter, the show cause notice was issued to the petitioner. He sent a reply through his counsel and asked for ''the supply of certified copies of the material/documents of the Vigilance Department which were supplied on 9.6.1988 under registered cover by the Government to his counsel''. The respondents maintain that cut can be imposed in the pension under Rule 2.2(b) of the Punjab Civil Service Rules, Volume II. Consequently, the show cause notice is legal and valid. It calls for no interference.

(3.) Counsel for the parties have been heard.