The appellant however attained the age of superannuation during his suspension and was retired provisionally on 31st July, 2004 as per order Annexure P 2, with the stipulation that as per the Central Civil Services Rules Pension Rules 1972 the payments due to him would be made on finalization of the disciplinary proceedings.
The order dated 26th June, 2004 was challenged before the Allahabad High Court by way of a Writ Petition.
and a direction was issued to make all payments within a period of two months from the date of companymunication of the order.
CIVIL APPEAL NO 1980 OF 2008 arising out of SLP C No.
Special reference has however been laid on the fact that very serious allegations of misconduct on the part of the respondent and 30 other departmental officers who too had been suspended had been revealed during investigation.
The respondent Rajesh Kumar Saxena was placed under suspension vide order dated 26th June, 2004 under sub rule 1 of Rule 10 of the Central Civil Services Classification, Control and Appeal Rules 1965 on the allegation that while working as an Officiating Chief Accounts Officer in Moradabad in the year 2003, he had failed to maintain absolute integrity and shown lack of devotion to duty.
It is in this circumstance, the present appeal is before us by way of special leave at the instance of the department.
Several arguments have been raised by the learned companynsel for the appellant during the companyrse of the hearing and reference has been made to various rules.
3643 of 2007 HARJIT SINGH BEDI,J. Leave granted.
This appeal by way of special leave is based on the following facts.
