KISHORBHAI NANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a direction that the respondent authorities be directed to pay provisional gratuity to the petitioner and provisional pension till the final outcome of Criminal Appeal No. 16 of 2018 pending before this court.

(2.) The facts giving rise to the present petition, in brief, are as under:

(3.) Ms. Harshal Pandya, learned counsel for the petitioner would argue that reading the order of penalty passed by the disciplinary authority would indicate that they did not think it fit to impose penalty of dismissal from service looking to the past record of the petitioner. In other words, once the disciplinary authority had come to the conclusion and the conviction was after superannuation of the petitioner and since there was no dismissal from service, there was no reason why at least pending the criminal appeal, the petitioner be not given the benefit of provisional pension as well as gratuity.