- (1.) This writ petition is directed against the order of the State Government dated 7th September, 1988, imposing penalty upon the Petitioner by way of deduction of 25 percent from the Petitioner's pension and the consequential order dated 22-1-1990. On the aforesaid order being passed, the Accountant General issued an order reducing the pention of the Petitioner to Rs. 472/- after deduction of 25 percent with effect from 1st August 1983.
(2.) The acts in brief are that the Petitioner was posted in 1981-82 in the Agra Region as Regional Marketing Officer in the department of Food and Civil Supplies, Government of U.P. He was posted at Kanpur between 20-4-82 to 31-7-1983 as Regional Marketing Officer in the Allahabad Region. On 6th July 1983 he received a charge sheet from the Inquiry Officer in regard to certain irregularities committed by the Petitioner when he was posted at Kanpur. Meanwhile the Petitioner retired from service on 31st July 1983. On 24th September 1983 a second charge sheet was given to the Petitioner regarding the irregularities committed by him when he was posted in the Agra Region.
(3.) The Petitioner did not submit any reply to the charges levelled against him when he was posted at Kanpur. He replied on'y to the charges when he was posted in Agra Region. The Inquiry Officer inquired into the charges against the Petitioner and submitted his report to the State Government. A show cause notice dated 21st March, 1987 was issued by the State Government after accepting the report of the Inquiry Officer and considering the explanation submitted by the Petitioner, proposed penalty of deduction of 25 percent from the pension of the Petitioner. The Petitioner submitted a reply on 13th November 1987 only with regard to the charges when he was posted in Agra Region. The State Government after considering the explanation submitted by the petitionet came to the conclusion that out of the eight charges levelled against the Petitioner six charges were fully established and imposed penalty jupon him by way of deduction of 25 percent from his pension by order dated 7th September 1988. It appears that the order was communicated to the office of the Accountant General, U.P. and the office of the Accountant General, U.P. issued a letter to the Petitioner indicating that the amount of pension to the extent of 25 percent has been reduced with effect from 1st August 1983 and it was indicated that this amount was reduced in pursuance of the order of Government dated 7th September 1988.;