M K NAIR Vs. PRESIDENT INDIAN COUNCIL OF AGRICULTURAL RESEARCH

JUDGEMENT

(1.) THE applicant while functioning as Director, Central Plantation Crops Research Institute, Kasargagod under the Indian Counsel of Agricultural Research (ICAR for short) was served with a memorandum of charges dated 3.10.1996. THE Articles of Charges were as follows:

(2.) It is alleged in the application that the President of the ICAR is not competent to impose a cut in the pension which is the exclusive privilege of the President of India under Rule 9 of the Central Civil Services (Pension) Rules. It is also alleged that the finding that the applicant is guilty is based on no evidence and that the cut of 5% of pension for a period of two years is, in any case, disproportionate to the alleged misconduct. The facts regulating other benefits like leave encashment, arrears of revised salary, revised gratuity and commutation, revised pension etc., are also furnished in the O.A.

(3.) WE have considered the rival pleadings and have heard the learned Counsel appearing on either side.