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Judgment
This Writ Petition is filed seeking a ‘Writ of Mandamus’ or any appropriate writ to set aside the impugned Show Cause Notice No.2674/VI/Vig.A/GHMC/2009, dated 21.01.2002, issued by the 2nd respondent in imposing the punishment of 5% cut in pension permanently, as illegal and arbitrary.
Heard learned counsel for the petitioner, learned Government Pleader for Services-II Department and learned Government Pleader for Revenue representing Respondent Nos. 1 to 4.
The learned counsel for the petitioner submitted that the petitioner had retired from service on 30.11.2012 on attaining the age of superannuation and after the lapse of nearly ten (10) years, the respondents have issued Show Cause Notice dated 21.01.2022, giving only a period of seven (7) days time to submit his explanation as to why punishment of 5% cut in monthly pension should not be imposed against him permanently under Rule 9 of Revised Pension Rules, 1980. The said show cause notice was received by the petitioner on 18.03.2022.
The learned counsel for the petitioner submits that the issuance of Show Cause Notice after a period of ten (10) years itself is irregular.
The learned Government Pleader for Services-I Department, representing the respondents submits that it is only a Show Cause Notice issued to the petitioner and no action has been taken by the respondents on the said show cause notice and there is no ground to the petitioner to approach this Court.
Having regard to the fact that the Show Cause Notice issued after a period of ten (10) years of retirement of the petitioner, this Court feels that a period of seven (7) days given to the petitioner for submitting his explanation from the date of receipt of copy of Show Cause Notice, is not justifiable. Therefore, the petitioner is permitted to submit his explanation within a period thirty (30) days from the date of receipt of copy of this order and thereafter, the respondents shall pass a speaking order thereon and communicate the same to the petitioner. Till such time, no coercive steps shall be taken by the respondents against the petitioner and shall continue to pay the pension that was being paid before issuance of Show Cause Notice, dated 21.01.2022 to the petitioner.
The Writ Petition is accordingly disposed of. There shall be no order as to costs.
Miscellaneous petitions if any pending in this Writ Petition, shall stand closed.