S.U.KHAN, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition is directed against orders dated 23.12.1989 and 17.5.1991 passed against the petitioner after his retirement. Through the said orders withholding of pension to a certain extent has been directed. The incident on the basis of which the disciplinary proceedings were initiated against the petitioner which culminated in the impugned orders took place in the year 1981 at Aligarh where petitioner at that time was posted as Bhoomi Sangrah Adhikari (B.S.A.) - (Soil Conservation Officer). The charge against the petitioner was that some cement sent by Satna Cement Factory to Aligarh was left in the open on the Railway station and due to heavy rains on 17.8.1881 the cement was spoiled. The specific allegation against the petitioner was that he did not take proper care to protect the cement from the rains. It was further alleged that the damage to the cement caused a loss of about Rs.1.5 lacs to the government. The cement was sent through railway wagon. Petitioner has alleged that on 17.8.1981 i.e. the date on which the cement arrived at Aligarh railway station he was on leave. Decision to initiate disciplinary proceedings was taken through order dated 4.9.1982. The punishment awarded was 10% reduction in pension for ever and deduction of 1/3rd of Rs.1, 47, 546/- from the gratuity of the petitioner. The amount of Rs.1, 47, 546/- was assessed as loss to the government due to damage to the cement on 17/18 August, 1981. Charge sheet was sent in February, 1986 however, according to the petitioner it was served upon him on 20.8.1986. Inquiry Officer gave report against the petitioner. Thereafter show cause notice in respect of proposed punishment was sent on 23.12.1989 - Annexure-11 to the writ petition. Petitioner gave reply to that show cause notice on 4.2.1990 asking for copy of the enquiry report. Reminder was also sent on 17.7.1990 and 7.5.1991 by the petitioner. Thereafter punishment order was passed on 17.5.1991, copy of which is Annexure-15 to the writ petition. Inquiry report was submitted 3.12.1988. In the punishment order it is mentioned that on 4.2.1990 petitioner sent his reply to the show cause notice.
(3.) IN -fact communication of the petitioner dated 4.2.1990 Annexure-12 to the writ petition is no reply to the show cause notice. Through the said letter petitioner only requested for supply of copy of Inquiry report.;