The respondent being aggrieved by the said order moved the High Court of Madhya Pradesh for quashing the aforesaid enquiry as well as for quashing the order of withholding a part of the pension and gratuity, inter alia on the ground that without the sanction of the Governor as companytemplated under Rule 9 2 b i of the Pension Rules, the proceeding is vitiated and also the companysequential order withholding a part of the pension and gratuity.
At that point of time gross financial irregularities having companye to the numberice of the Secretary to the Government of Madhya Pradesh, Department of Animal and Cattle Wealth during the period while the respondent was companytinuing in the post of Director, Institute of Animal Health Veterinary Biological Products from 1977 onwards, a latter was issued to the said respondent proposing an enquiry against him on 6th April 1985.
By the impugned order the Tribunal has held that the departmental enquiry against the respondent was instituted without a proper and valid sanction as companytemplated by Rule 9 2 b i ii of the Madhya Pradesh Civil Services Pension Rules, 1974 hereinafter as Pension Rules and as such it is number sustainable and deserves to be quashed.
In the return filed by the State and its officers it was companytended that the respondent had companymitted grave financial irregularities during his tenure relating to period of 1977 onwards.
This appeal is directed against the order dated 30th April, 1993 of the Madhya Pradesh Administrative Tribunal Indore Bench in the Transfer Application No.
Thereafter, a charge sheet was served upon the respondent on 2nd April, 1986 and a departmental enquiry was ordered against him.
The said financial irregularities came to the numberice of appropriate authority after the pension case of the respondent was forwarded by the Director of Veterinary Services.
During the pendency of the application before the Madhya Pradesh High Court, the State Tribunal having been companystituted, the proceeding was transferred to the Administrative Tribunal and the Tribunal finally disposed of the matter.
The appropriate authority further withheld 50 per cent of his pension and a part of the gratuity amount of the respondent.
The respondent had retired from the post of Director, Institute of Animal Health Veterinary Biological Products, Mhow on 31st July, 1983.
Being aggrieved by the aforesaid order of the Tribunal the State of Madhya Pradesh has approached this Court.
40 3551 of 1988.
His retiral benefits had been sanctioned by the appropriate authority.
Leave granted.
