MANSUKHBHAI BHALABHAI OZA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-9-902
HIGH COURT OF GUJARAT
Decided on September 14,2021

Mansukhbhai Bhalabhai Oza Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

- (1.)The present writ petition has been filed by the petitioner seeking quashing and setting aside the order passed by the respondent No.2 dtd. 14/6/2019 imposing 100% cut in pension.
(2.)The petitioner was serving as a Talati-cum- Mantri and he retired on attending superannuation on 30/6/2014. He was convicted for the offences under Sec. 7 , 13(1)(d) of the Prevention of Corruption Act , 1988 vide judgemnt and order dtd. 29/9/2018 passed in Special ACB Case No.1 of 2009, by the Special Judge, Patan. He has preferred Criminal Appeal No.1522 of 2018 before this Court and by the order dtd. 10/10/2018, this Court has admitted the appeal and has suspended the sentence.
(3.)A show cause notice dtd. 15/12/2018 was issued to the petitioner calling upon him to show cause as to why the pension of the petitioner may not be withdrawn. After hearing the petitioner personally, vide impugned order dtd. 14/6/2019, the respondent-State, while exercising powers under Rules 23 and 24 of the Gujarat Civil Services (Pension) Rules, 2002, has imposed 100% cut in pension.


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