JAGATNARAIN TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition is directed against the order of Annexure P-l, dated 22nd May, 2000 whereby Superintendent of Police, Bilaspur, has stopped paying anticipatory pension to the petitioner in exercise of power under Rule 8 (1) (b) of the M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred to as 'the Rules, 1976').

(2.) UNDISPUTED facts are that while the petitioner was posted as Assistant Sub Inspector at Belgahana Chowki, P.S. Kota, he was charge-sheeted, convicted and sentenced under Section 161 of the IPC and Section 5 (1) and 5 (2) of the Prevention of Corruption Act vide judgment dated 15-2-1994 passed in Special case No. 3/87. His appeal against conviction is pending before the High Court and substantive jail sentence has been suspended vide Annexure P-2. The petitioner retired on 31st December, 1994 during the period of his suspension and the State Government fixed anticipatory pension after his retirement. However, by the impugned order payment of anticipatory pension has been stopped for the present until further orders.

(3.) ON the other hand, Shri Yashwant Singh Thakur, learned Deputy Advocate General appearing for the respondents submitted that the petitioner was being paid only anticipatory pension since the petitioner was convicted and sentenced for the offence punishable under Prevention of Corruption Act. The Competent Authority has withheld payment of pension as per the provisions of Rule 8(1)(b) of the Rules, 1976. ON his appeal only execution of substantive jail sentence has been suspended.