w w w . L a w y e r S e r v i c e s . i n



Narayan Singh Thakur v/s State of C.G. through the Secretary, Power & Energy Department, Chhattisgarh & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- H. M. POWER & ENERGY PRIVATE LIMITED [Active] CIN = U40102ML2008PTC008317

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- P K THAKUR & CO. P. LTD. [Active] CIN = U74210WB1989PTC047496

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- M-POWER ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74140DL2001PTC110688

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- E 3 POWER & ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC071881

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- P NARAYAN SINGH AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1938PTC000480

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- NARAYAN [Strike Off] CIN = U00111KA2006PTC390000

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- POWER AND ENERGY COMPANY LIMITED [Dissolved] CIN = U99999MH1946PTC005267

Company & Directors' Information:- THE THAKUR AND COMPANY LIMITED [Liquidated] CIN = U22219MH1933PLC010274

    Writ Petition (S) No. 1225 of 2010

    Decided On, 26 July 2021

    At, High Court of Chhattisgarh

    By, THE HONOURABLE MR. JUSTICE SANJAY K. AGRAWAL

    For the Petitioner: Rakesh Pandey, Advocate. For the Respondents: R1, Ravi Bhagat, Dy. G.A., R3, Amiyakant Tiwari, Advocate, R2, None present.



Judgment Text

C.A.V. Order1. Proceedings of this matter have been takenup through video conferencing.2. The petitioner retired from the office of respondent No.3 from the post of Section Officer on 31.7.2007, but at that time, disciplinary proceeding was pending against him as he was served with chargesheet on 25.4.2007 and ultimately, by order dated 4.1.2010 (Annexure P1) respondent No.3/disciplinary authority after found him guilty of misconduct directed for withholding of his 10% pension under Rule 9(1) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (hereinafter called as 'Rules of 1976') as punishment for his alleged misconduct.3. The petitioner has filed this writ petition stating interalia that withholding of his pension by respondent No.3 is contrary to law and it is violative of Articles 14, 16 and 21 of the Constitution of India as no notice has been served to the petitioner for withholding of his pension and therefore, it is liable to be setaside and amount of Rs. 42,249/along with 18% per annum be directed to be paid by respondent No.3.4. Return has been filed by respondent No.3 stating interalia that the order passed by respondent No.3 is in accordance with law. It has been pleaded that the petitioner was found guilty of misconduct charged against him and if the petitioner is aggrieved against the finding of disciplinary authority, the remedy of the petitioner is to challenge the order of the disciplinary authority before the appellate authority under the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules , 1966 (hereinafter called as 'Rules of 1966') or under Rule 8(5) of the Rules of 1976, as such, the writ petition is not maintainable as the petitioner has alternative remedy of filing appeal against the order of the disciplinary authority. It has also been pleaded that the Rules of 1966 has been amended by M.P.E.B. Notification dated 26.3.70 and appropriate officer of the Board has been substituted in the Rules of 1966. Additional return has also been filed on 22.7.2021 stating interalia that pension has been withheld under Rule 8(1)(b) of the Rules of 1976 and against which, appeal would lie under Rule 8(5) of the Rules of 1976 and the Superintendent Engineer is competent authority to pass an order withholding 10% pension as per Rule 8 of the Rules of 1976 being pension sanctioning authority.5. Mr.Rakesh Pandey, learned counsel for the petitioner, would submit that under Rule 8(1)(b) of the Rules of 1976 if the petitioner has been found guilty of grave misconduct, then the procedure contemplated under Rule 8(3) of the Rules of 1976 has to be followed and only following Rule 8(3)b) of the Rules of 1976, the order withholding penalty can be passed under Rule 8(1)(b) of the Rules of 1976, as such, the impugned order is liable to be setaside.6. On the other hand, Mr.Amiyakant Tiwari, learned counsel for respondent No.3, would submit that under Rule 8(1)(b) of the Rules of 1976 the petitioner has been found guilty of grave misconduct and therefore, respondent No.3 being the pension sanctioning authority the impugned order has been passed, which is in accordance with law. He would submit that in compliance of Rule 8(3) of the Rules of 1976, notice dated 25.4.2007 (Annexure P4) has been served to the petitioner and reply has been given by the petitioner on 24.12.2008 (Annexure P8) and the petitioner has a remedy to file appeal under Rule 8(5) of the Rules of 1976, as such, the writ petition as framed and filed is not maintainable.7. I have heard learned counsel appearing for the parties and considered their rival submissions made hereinabove and also went through the records with utmost circumspection.8. At the outset, Mr.Tiwari, learned counsel for the petitioner, submits that the petitioner has a remedy of filing an appeal against the order passed under Rule 8(1)(b) of the Rules of 1976, therefore, this writ petition is not maintainable.9. Submission raised by Mr.Tiwari deserves to be noted for rejection as this writ petition was filed on 19.3.2010 and after a period of more than 11 years, it would be inappropriate to relegate the petitioner to the remedy of appeal particularly when the writ petition has already been entertained for hearing and is pending consideration for final hearing for a fairly long time, as such, the argument of availability of alternative remedy is hereby overruled.10. The petitioner has been inflicted penalty to withhold pension to the extent of 10% under Rule 8(1)(b) of the Rules of 1976.11. In order to decide the question raised at the Bar, it would be appropriate to notice Rule 8 of the Rules of 1976 which states as under:“8. Pension subject to future good conduct.( 1) (a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.(b) The pension sanctioning authority may, by order in writing withhold or withdraw a pension or part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:Provided that no such order shall be passed by an authority subordinate to the authority competent at the time of retirement of the pensioner, to make an appointment to the post held by him immediately before his retirement from service:Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the minimum pension as determined by the Government from time to time.(2) Where a pensioner is convicted of a serious crime by a Court of law, action under clause (b) of subrule (1) shall be taken in the light of the judgment of the Court relating to such conviction.(3) In a case not falling under subrule (2), if the authority referred to in subrule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under subrule (1)-(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the pension sanctioning authority, such representation as he may wish to make against the proposal; and(b) take into consideration the representation, if any, submitted by the pensioner under clause (a).(4) & (5) xxx xxx xxx”12. A careful perusal of Rule 8(1) (b) of the Rules of 1976 would show that the aforesaid rule empowers the competent authority to withhold or withdraw a pension or part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct while he/she was in service. Subrule (2) of Rule 8 of the Rules of 1976 states that where a pensioner is convicted of a serious crime by a Court of law, action under clause (b) of subrule (1) shall be taken in the light of the judgment of the Court relating to to such conviction. However, subrule (3) of Rule 8 provides the procedure that if the authority referred to in subrule (1), considers that the pensioner is prima facie guilty of grave misconduct, then he will follow the procedure laid down in clause (a) & (b) of subrule (3) serving the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the pension sanctioning authority, such representation as he may wish to make against the proposal and take into consideration the representation, if any, submitted by the pensioner under clause (a), as such, this rule clearly provides that if any order withholding or withdrawing the part of pension is made by the competent authority, the pensioner must be given opportunity of defence in accordance with procedure laid down in clause (a) & (b) of subrule (3) of Rule 8 of the Rules of 1976.13. The Supreme Court in the matter of Bindeshwari Chaudhary v. State of Bihar and others (2017) 13 SCC 277) while dealing with Rule 139 of Bihar Pension Rules held that finding of grave misconduct on the part of delinquent servant is sinequanon for withholding pension to the extent of 50% and held as under:“14....In the circumstances, we do not find that there was sufficient reason for the respondent authorities to exercise the powers under Rule 43(b) read with Rule 139 of the Bihar Pension Rules as neither there was pecuniary loss to the State, nor is the present case of a grave misconduct on the part of the appellant.”14. In the matters of M. Narasimhachar v. The State of Mysore AIR 1960 SC 247 and State of Uttar Pradesh v. Shri Brahm Datt Sharma and another AIR 1987 SC 943 their Lordships of the Supreme Court have considered the rules authorizing the Government to withhold or reduce the pension granted to the Government servant and held that merely because a Government servant retired from service on attaining age of superannuation, he could not escape liability for misconduct or negligence or financial irregularity which may have committed during the period of his service and the Government was entitled to withhold or reduce the pension granted to the Government servant.15. The pension sanctioning authority under Rule 8(1) (b) of the Rules of 1976 has a power to withhold or withdraw a pension or part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.16. Reverting to the facts of the present case, in the instant case, the petitioner has not been convicted in serious crime, rather it is the case of respondent No.3 that he has been found guilty of misconduct by order dated 4.1.2010 (Annexure P1) which states as under:“LANGUAGE”17. A careful perusal of the order dated 4.1.2010 (Annexure P1) would show that charge of embezzlement of Rs. 4,89,777/has not been fully found proved against him and it has been held that the petitioner is partly liable for embezzlement and he was served with the enquiry report and against which, he has representation on 24.12.2008 and thereafter his pension to the extent of 10% for two years has been directed to be withheld by respondent No.3. The abovestated order would show that the petitioner has not been found guilty of grave misconduct which the rules requires for withholding pension under Rule 8(1)(b) of the Rules of 1976, as such, there is serious flaw in the impugned order.18. The impugned order has also been passed in violation of subrule (3) of Rule 8 of the Rules of 1976. A careful perusal of the writ petition and documents would show that the petitioner has been served with the chargesheet, list of witnesses and list of documents vide Annexure P3 dated 25.4.2007, which the petitioner has replied on 21.5.2007 (Annexure P6) and copy of enquiry report has been served to the petitioner on 20.2.2008 and thereafter the impugned order dated 4.1.2010 (Annexure P1) has been passed by respondent No.3 withholding his pension to the extent of 10% w.e.f.1.8.2007 for two years under Rule 9(1) (wrongly mentioned Rule 9(1)) of the Rules of 1976, as such, no notice was served to the petitioner under Rule 8(3) specifying the action proposed to be taken against him i.e. specifying the action of withholding 10% of his pension and the ground on which it is proposed to be taken and calling upon him to submit

Please Login To View The Full Judgment!

within fifteen days of receipt of the notice, representation against the proposal. Therefore, no question for consideration of representation arises under Rule 8(3)(b) of the Rules of 1976, as such, Rule 8(3) (a) & (b) of the Rules 1976 has not been complied and pension has been directed to be withheld under Rule 8(1)(b) of the Rules 1976, as such, order withholding pension to the extent of 10% is in teeth of Rule 8(3)(a) & (b) of the Rules of 1976.19. Apart from this, there is no specific finding recorded by the disciplinary authority that the petitioner has been found guilty of grave misconduct in terms of Rule 8(1)(b) of the Rules of 1976 which is sinequanon for withholding pension and thereafter the procedure prescribed in Rule 8(3)(a) and (b) of the Rules of 1976 could have been followed, as such, the impugned to the extent of withholding pension to the extent of 10% w.e.f.1.8.2007 for two years being contrary to Rule 8(1)(b) read with Rule 8(3)(a) & (b) of the Rules of 1976 is hereby setaside. If any amount has been recovered, the petitioner would be entitled for such amount along with 9% interest from the date of entitlement till the date of its receipt.20. The writ petition is allowed to the extent indicated hereinabove. No order as to cost(s).
O R