ORDER
G.R. Majithia, J.
1. The petitioner has challenged the order of the respondent whereby it was decided to grant 90% pension and full gratuity to him.
2. A reference to a few facts is necessary to appreciate the point arising for determination.
3. The petitioner retired from the post of Block Development and Panchayat Officer on attaining the age of superannuation on September 30,1987. The order of retirement was to take effect on September 30, 1987. Before the order of retirement could take effect, a charge-sheet was served upon the petitioner vide order dated, September 28, 1987. The petitioner filed reply to the charge sheet. Respondent No. 1 found the reply to be unsatisfactory and provisionally opined to impose a cut of 10% in the pension, and before passing the final order, the petitioner was called upon to file any representation against the proposed action. The Accountant General, Haryana, was informed vide No. 1440-BAP-II (XI)/88, Annexure P-5 that the State Government had decided to grant 90% pension to the petitioner.
4. The respondent in its written statement justified the action on the ground that disciplinary proceedings were pending against the petitioner and it was decided to grant him 90% pension till the decision of disciplinary proceedings.
5. The action of the respondent imposing 10% cut on the pension of the petitioner is without any legal sanction. Pension is a right to property and the Government Servent can be deprived of it in accordance with law. Mere initiation of departmental proceedings will not entitle the State Government to impose a provisional punishment in the form of imposing a cut in pension during the pendency of the departmental proceedings. It was not brought to my notice that what was the result of the departmental proceedings alleged to have been initiated against the petitioner. If any departmental proceedings, as is alleged, had been initiated, those ought to have been finalised, I do not find any justification in law for the State Government to impose a provisional cut in the pension of the petitioner. The Writ Petition is accordingly allowed with no order as to costs.