BRIJ MOHAN CHAND MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner had attained the age of superannuation on 30.09.1994 while holding post of Executive Engineer. Before his retirement, on 27.09.1994 he was served with a charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (in short, 'the CCA Rules of 1958') wherein certain allegations were levelled against him relating to not recovering certain amount from the contractor in the period from January, 1985 to May, 1986. Enquiry was conducted jointly along with co-delinquents and the said enquiry culminated into an order of punishment passed against the petitioner of stopping 10% of his pension for five years vide Order dated 09.11998. The order was passed after seeking sanction from the Governor. It was further directed that an amount of Rs.25688/- be recovered from the amount of his pension gratuity. The Junior Engineer, who was co-delinquent, was, however exonerated of the charges.

(2.) Learned counsel for the petitioner has, while assailing the departmental enquiry proceedings as also assailing the action being highly belated, confined his arguments to the non compliance of the provisions of Rule 170 of the Rajasthan Service Rules of 1951 as they existed at the time of retirement and were applicable to the cause of the petitioner. It is a submission that under Rule 170, while departmental enquiry initiated before retirement, could be continued but the punishment could be awarded by the Governor only after providing an opportunity of hearing to delinquent for proposed order of reduction of pension. He has invited attention of this Court to the clarification issued by the State Government, which has been included as part of the Rules under Rule 170, which reads as under:-

(3.) It is submitted that receiving pension is fundamental right of an employee and the same cannot be taken away without following due procedure of law. The punishment awarded to the petitioner is not under the Rules of 1958 and it is only the enquiry which is alleged to be continued against the retired Government servant under Rule 170, however, decision of the Governor is independent of the Rules of 1958 and such a decision could be taken only after giving an opportunity of hearing to the petitioner.