VIJAY KUMAR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ISSUE raised in the present petition, in our considered view, is no longer res integra. Apex Court in Union of India and others v. B. Dev, : (1998) 7 SCC 691, categorically has held as under:

(2.) THAT the case of present petitioner is governed under the provisions of Rule 9 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the Pension Rules), is not in dispute.

(3.) THOUGH respondent has not passed any formal order, but however, now has justified non -release of retiral benefits, on the ground that petitioner had caused huge financial loss, amounting to Rs. 60,82,043/ -, to the State exchequer. Allegedly, by misusing his power as a Drawing and Disbursing Officer, he disbursed certain amounts to contract Lecturers, who were otherwise not eligible and entitled to the same.