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CASE NO.: Appeal (civil)  1993 of 2002

PETITIONER: STATE OF U.P. & ORS.                     

RESPONDENT: JAWAHAR LAL BHATIA               

DATE OF JUDGMENT: 03/02/2005

BENCH: B.P.SINGH & B.N.SRIKRISHNA

JUDGMENT: J U D G M E N T

B.P.SINGH, J.

       This Appeal by special leave has been preferred by the State of  U.P.  against the Judgment and Order of the High Court of Judicature at  Allahabad dated 27th August, 1999 in Civil Miscellaneous Writ Petition  No.17655 of 1995 whereby the High Court partly allowed the Writ  Petition and modified the Order dated 18.1.1995 by which 75% of the  Respondent’s pension was withheld. This followed a departmental  proceeding against the respondent in which he was found  guilty of  certain charges. The respondent was a doctor employed in the hospital  run by the Employees State                                                  ...2/-

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Insurance Corporation and certain allegations were made against him  with regard to illegal appointments, unjustified expenditure etc. It  appears that during the pendency of the proceeding the respondent  retired from service and the impugned order was passed on 18.1.1995  after his retirement. Obviously, therefore, no punishment could be  inflicted upon him but his pensionary benefits could be curtailed in  accordance with the Rules.

        We have gone through the charges framed against the respondent.  It also appears from the record that some other doctors were proceeded  against on similar charges and some punishment was imposed upon them  such as stoppage of two increments, etc. However, looking at the nature  of charges levelled against the respondent and the findings of the Inquiry  Officer which have been accepted by the disciplinary authority, we are of  the view that withholding of pension of the respondent to the extent of  75% is excessive. We, therefore, modify the order dated 18.1.1995 and  direct that the reduction of 25% of pension only shall                                                  ...3/-

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be made. The respondent will be entitled to the difference in the  pensionary dues calculated on the basis that only 25% of the pension is  to be withheld.  

       This appeal is, therefore, partly allowed in the above terms.                     

       We expect the State to calculate the pensionary dues which are

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payable to the respondent and pay the same within a period of three  months.