S.C. JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT special appeal has been filed by the appellant assailing order of learned single Judge dt. 11.4.2002 upholding disciplinary enquiry initiated after his retirement on 31.12.1996 vide memorandum dt. 29.10.1998 U/r 16 of CCA Rules, ("Rules,1958") read with R.7 of Raj. Civil Service Pension Rules, 1996 (Rules 1996). However, after the charges were found proved by the enquiry officer as is evident from enquiry report dt. 2.7.2001, penalty was inflicted upon him by the competent authority of stoppage of 50% pension & 50% gratuity vide order dt. 23.5.2002.

(2.) IN order to appreciate the grievance of the appellant it will be necessary to glance through a few relevant background facts.

(3.) AFTER the disciplinary proceedings were initiated against the appellant he approached this Court by filing writ petition no. 43/99 and his grievance was that the disciplinary proceedings after retirement could not have been initiated unless the disciplinary authority arrives to the conclusion that any pecuniary loss has been caused to the government by any action of the delinquent and with the prior sanction of his Excellency the Governor.