N K SUPARNA Vs. UNION OF INDIA

JUDGEMENT

(1.) WHAT falls for decision-making in this writ petition is the interpretation of the words "after the conclusion of departmental or judicial proceedings occurring in clause (b) of Sub-rule (1) of Rule 69 of the Central Civil Services (Pension) Rules, 1972 (for short 'the Rules' ).

(2.) THE petitioner while serving as Accounts Officer in Telecom Department retired on attaining the age of superannuation on the afternoon of 31st January, 2002. Even before that date, in July 1993, the petitioner was trapped in criminal case and he was prosecuted by the special CBI Court Bangalore in C. C. No. 127 of 1994. The special Court after trial convicted the petitioner and he was sentenced to undergo R. I. for three years on each count by its judgment and order dated 31. 12. 2001. The petitioner being aggrieved by the said judgment and order, has preferred Criminal Appeal No. 78 of 2002 to this Court. The said appeal is admitted and pending. It is stated that the sentence is suspended by this Court.

(3.) AFTER the conviction of the petitioner by the CBI Court, the President of India invoking his power under Rule 9 (1) of the Rules, has forfeited the pension and gratuity payable to the petitioner. Questioning the said action of the President of India, the petitioner instituted Original Application No. 486 of 2003 in the Central Administrative Tribunal, bangalore Bench, Bangalore (for short Tribunal' ). The Tribunal having opined that since i the CBI Court has convicted and sentenced the petitioner to undergo R. I. for a period of three years, notwithstanding the fact that the petitioner has preferred the appeal to this Court and that the sentence has been suspended by this Court, it is the power of the President of India under Rule 9 (1) of the Rules to forfeit the pension and gratuity payable to the petitioner, dismissed the application. Hence, this writ petition.