Jaipur: The Rajasthan High Court has cancelled the 24-year-old order of stopping the pension of an RAS officer who retired 28 years in the past for all times. The court docket mentioned that he needs to be given fifty % pension for this era and after the court docket order, he shall be entitled to get the complete pension. The division bench of CJ MM Srivastava and Justice Ashutosh Kumar gave this order whereas accepting the enchantment of Braj Mohan Singh Bareth.
The court docket gave this order: The court docket mentioned in its order that if the case was not pending for a very long time, the case may have been despatched again to the competent authority for consideration. At the identical time, sending again the case of the 90-year-old appellant who has been disadvantaged of pension for twenty-four years is just not within the curiosity of justice. The court docket mentioned that an order to cease the pension of any retired worker can’t be given except it’s proved that he has dedicated critical misconduct or negligence throughout his service interval. In the case, the competent authority took the choice to cease the pension solely on the premise of allegations with none clear motive, which can’t be mentioned to be in accordance with the legislation.
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This is the case: Advocate Tribhuvan Narayan Singh mentioned within the enchantment that whereas the appellant was in service, he was given a cost sheet on March 30, 1993, wherein 9 expenses had been made. However, earlier than the investigation officer may submit his report within the case, the petitioner retired on February 29, 1996. After this, the investigation officer thought-about the fees to be confirmed and submitted his report in July 1996. During this era, he was given interim pension from March 1, 1996. The petition mentioned that the disciplinary officer stopped his whole pension for 5 years by giving a discover in November 1997. After responding to which, he was given a discover on April 10, 1999 to cease his whole pension for all times and on December 8, 2000, orders had been issued to cease the pension.
It was mentioned within the enchantment that beneath Rajasthan Service Rules, 1951, pension might be stopped solely in case of significant misconduct, critical negligence or monetary loss, whereas the petitioner’s case doesn’t fall within the critical class. The appellant was a income enchantment officer. In such a state of affairs, he may have appealed in opposition to the order given in any case, however it’s unsuitable to take motion in opposition to the appellant as a substitute of interesting. On the opposite hand, advocate Yash Joshi on behalf of the state authorities mentioned that motion has been taken in opposition to the appellant as per the foundations and the one bench has rejected his petition as per legislation. After listening to the arguments of each the events, the division bench has cancelled the order to cease the pension.
