BHANURAM SAHU Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) By this petition under Art. 226/227 of the Constitution of India, the petitioner challenges the order dated 7-2-2003 (Annex. P/7) passed by the Divisional Forest Officer, Dhamtari whereby the pension order as well as the order of grant of gratuity has been cancelled.

(3.) Learned counsel for the petitioner submits that the order dated 7-2-2003 has been passed by the Divisional Forest Officer, Dhamtari on the ground that the appeal is pending adjudication against the order of acquittal. It is further submitted that the petitioner was prosecuted for an offence punishable under Sections 7 and 31 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act and was acquitted of the charges vide judgment and order dated 23-8-2002 passed by the trial Court. It is also submitted that after the judgment/order of acquittal, the suspension order dated 8-11-2000 was revoked by the authority on 25-9-2002 (Annex. P/3) and it was directed that since the petitioner has been retired on 30-6-2002 his pension case be finalised and the pension be paid to him. Thereafter, the pension of the petitioner was finalised on 21-10-2002 (Annex. P/5) and since then he was getting pension.