resorting to
Rule 33 of the Bombay Civil Services Rules 1959 ('BCSR' for short)
without affording any opportunity of hearing to the petitioner ... order of termination was
passed against her, Rule 33 of the BCSR was not in force and having
realized such mistake, the respondent authorities recalled
application under Rule
193 of Bombay Civil Services Rule (in short BCSR) for provisional
pension. The fault was found with him also for not giving ... with the
Government guidelines.
2.14 While referring to Rule 189B of BCSR, it was noticed by the
Tribunal that the management was under
pension as per the provisions of the Bombay
Civil Services Rules ('BCSR' for short) and as
per the resolution of the Government dated ... upon the
Government Resolution dated 31.7.1987 and as per
the provisions of BCSR. Mr.Parikh contended that
the dispute regarding deduction
under
186 (a) of the Bombay Civil Services Rules (for short
"BCSR")and thus, denial of the pension to the petitioner
is illegal ... establishment of four charges against him. Rule 186(a)
of the BCSR clearly disqualifies a Government servant
removed or required to retire from Government service
benefits of pension
and retirement dues, the applicability of Chapter11
of BCSR is to be kept aside for the purpose of
considering past services
permanent post;"
10. Note 8 below Rule 41 of the BCSR pertains to the cases of
a Government servant working in an office ... process, his
pay fixation would be governed under Rule 41 of the BCSR,
read with Note 8 thereof. The provision contained in Rule
there is
also provision in the Rules, viz. Rule 57-A of BCSR,
that in such cases no recovery can be ordered.
Under these circumstances
Inspectors in
the local Crime Branch. Moreover, under Rule 17
of the BCSR which is also applicable to the
members of the police force
have been withheld or reduced under Rule 189-A of
the BCSR as there was no pecuniary loss caused to the
Government. He submitted that ... Government and that therefore,
under Rule 189-A of the BCSR, petitioner's
pension or gratuity could not have been
withheld or reduced. This
referred to any Rules or provisions
of the Act like BCSR or Bombay Primary Education
Act and Rules. The Gujarat Civil Services
(Conduct) Rules clearly
