SUBHASH CHAND JAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the action of respondents whereby 25% of his pension has been withheld for a period of one year and he has been denied his full and final pensionary benefits.

(2.) Briefly stating the facts of the case are that the petitioner entered the Rajasthan Government Service in the Department of Medical, Health and Family Welfare as a Drug Controller and served for 35 years until his retirement on 31/3/2013. Despite an unblemished record, he has been receiving only provisional pension since retirement without any stated reason. A complaint was lodged against him alleging bribery, but the Anti-Corruption Bureau, after investigation, filed a Final Report exonerating him, which was accepted by the ACB Court, Kota. A subsequent preliminary enquiry also found no misconduct. However, a departmental enquiry was initiated under Rule 16 of the Rajasthan CCA Rules, 1958, and even that enquiry concluded in 2015 that no charges of bribery or harassment were proved. Despite this, the Department of Personnel disagreed with the findings and, based on its own assessment, imposed a penalty of withholding 25% of the petitioner's pension for one year vide order dtd. 13/7/2018. Aggrieved by this, he has preferred this writ petition seeking quashing of the said order and grant of full pensionary benefits.

(3.) Heard and considered the submissions made at the Bar by the learned counsel for the parties and perused the material as made available to this Court.