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february 2005

Supreme Court of India · 2005-02-03

State Of U.P. & Ors vs Jawahar Lal Bhatia

Citation / case number
AIR 2005 SUPREME COURT 971
Court
Supreme Court of India
Petitioner
State Of U.P. & Ors
Respondent
Jawahar Lal Bhatia
Author
B.P.Singh
Bench
B.P.Singh, B.N.Srikrishna

Judgment text excerpt

The Supreme Court held that while the withholding of pensionary benefits under the relevant rules is permissible following departmental proceedings, the extent of such withholding must be proportionate to the nature of the charges. In this case, the Court found that the High Court's decision to withhold 75% of the respondent's pension was excessive and modified it to 25%. The Court directed the State to calculate and pay the adjusted pensionary dues within three months, thereby partly allowing the appeal.

State Of U.P. & Ors vs Jawahar Lal Bhatia · Niyam