Nandlal v. State
Case brief
What is this about?
High Court quashed a departmental punishment order and the consequent withdrawal of pension and gratuity for a deceased government servant. The court held the enquiry was vitiated due to violation of natural justice, failure to produce the audit report, and denial of defense assistance.
What did the court decide?
Allowance of petition; quashing of punishment order dated 25.9.1991; entitlement to pension, gratuity, interest, and family pension revised.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN .BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1915i1993
I. Nand Lal, Son of Shri Mool Chand (deceased) 111. Smt. Phooli Devi, widow of late Shri Nand Lal, aged about 83 years, Resident of Plot No. 78/F Chaitanya Marg, 'Cr- Scheme, Near Bagaria Bhawan, Jaipur.
- Smt. Sita Devi, daughter of late Shri Nand Lal, wife of late Shri Ram Gopal, aged about 75 eyars, Resident of Plot N o. 1705, Jadiyon-Ka-Rast,a, Gha'~&r"a Rj3;$t'ay J.ai.pur. c4 4 " % 138. *a .U, f 2 , , 113. Smt. eeta,e#igdabhter of lateZ9h@~and .& ,is# ., Lal, wife of Shri 2wm3 P Jugal Kishore&;ged about 65 years, esidenk ,%<" KGB-ka-R%s&a, Johari Bazasr, Jaipur. 4, %+ 114. MG.dsai7 Lal, son of late Shri nand Lal, aged a '"T Resident of Plot No. 78/F, Chaitanya Marg, 'Cr-Scheme Near Bagaria Bhawan, Jai 115. Ganesh kuma d about 58 years, Resident of Plot No , 'Cr- Scheme, Near Bagaria Bhawan, Jaipu 116. Kanta, daughter , aged about 52 years, Resident of Plot No. 7 arg, 'Cr- Scheme, Near Bagaria Bhawan, Jaipur. 1/7. Simla, daughter aged about 45 years, Resident of Plot No. , 'Cr- Scheme, Near Bagaria Bhawan, Jaip 118. Rajesh, son of l , aged about 43 years, '%, %& Z Resident of Plot No. @qQ@p$a~~~~flg, 'cScheme, Near -%. i$ * Bagaria Bhawan, Jaipur.
11.9. Vimla, daughter of late Shri Nand Lal, aged about 38 years, Resident of Plot No. 78/F Chaitanya Marg, 'C'- Scheme, Near Bagaria Bhawan, Jaipur.
.... Petitioners
Versus
Issues for consideration
3 issues framed by the court
Whether the quashing of partly affixed penalty warrants a notice for proposed action before quashing of order of punishment.
Whether enquiry report was produced during the course of enquiry nor proved to hold the petitioner as guilty.
Whether the totality of the punishment of stopping 1/3rd of pension and iratuity goes contrary to the provisions of Rule 70-A(1) of the SR.
Parties & counsel
- petitioner
Heirs of Late Shri Nand Lal (I. Nand Lal, Smt. Phooli Devi, etc.)
- respondent
The State of Rajasthan
Coram
Sanjeev Prakash Sharma
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CW/1915/1993
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