AJAY PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRAYER of the petitioner in the instant writ petition is as under:- " (i) to quash the charges sheets, entire enquiry proceedings, enquiry report dated October 28, 1996 and the punishment order dated October 8, 1998 and direct the respondents to release the petitioner's post pensionary benefits of gratuity and Commutation of Pension which were payable to him on the date of his retirement i. e. August 31, 1995 along with interest. (ii) if during the pendency of writ petition 30% pension amount is withdrawn, the same be directed to be paid back to the petitioner along with interest.

(2.) CONTEXTUAL facts depict that the petitioner stood retired on August 31, 1995 as Assistant Project Officer (RPS Scheme) Prior to his retirement the petitioner was served with a charge sheet dated March 4, 1994 under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (for short `cca Rules' ). As per the memorandum the petitioner was charged in respect of his tenure while the petitioner was posted on deputation as Vikas Adhikari at Panchayat Samiti Sewar in the year 1982. It was alleged in the charge sheet that during that period various items were purchased without seeking prior permission of Panchayat Samiti and certain corrections were made in the Budget allotted to Panchayat Samiti. However, no allegation was made in regard to financial loss caused to the Government or ill motive or malafide on the part of the petitioner. The respondents vide order dated July 31, 1995 converted the enquiry from Rule 17 to Rule 16 of the CCA Rules. Enquiry Officer was appointed who submitted Enquiry Report on October 28, 1996 and vide order dated October 8, 1998 punishment was imposed on the petitioner whereby 30% of his pension was ordered to be stopped for five years.

(3.) IN view of what I have discussed herein above, I allow the writ petition and set aside the impugned order of punishment dated October 8, 1998. I direct the respondents to pay the entire outstanding amount of pension to the petitioner within a period of ninety days from the date of receipt of this order. There shall be no order as to costs. .