TERSI RAM KANAUJIYA Vs. STATE OF U P

JUDGEMENT

(1.) THIS special appeal has arisen from a judgment of the learned Single Judge dated 19 December 2014.

(2.) THE appellant was a Sub Inspector in U P Police and retired on 31 January 2008. On 22 May 2012, the Additional Sessions Judge, Court No 2, Ambedker Nagar convicted the appellant of an offence under Section 376 of the Indian Penal Code, 1860 (Penal Code). On 21 November 2012, the appellant was enlarged on bail. The appellant filed a writ petition (Writ A No 57154 of 2014) seeking a mandamus for the release of his post -retiral dues comprising of GPF, gratuity and pensionery benefits etc. The writ petition has been dismissed by the learned Single Judge by the impugned judgment and order dated 19 December 2014.

(3.) UNDER Regulation 351 of the Civil Service Regulations(Regulations), future good conduct is an implied condition for every grant of pension. Moreover, under the Regulation, the State Government reserves to itself the right of withholding or withdrawing a pension or any part of it, if the pensioner is convicted of a serious crime or is guilty of grave misconduct. Regulation 351 -A empowers the Governor to withhold or withdraw pension or a part thereof and to order recovery of the whole or any pecuniary loss caused if (i) the pensioner is found in departmental or judicial proceedings to be guilty of grave misconduct; and (ii) to have caused pecuniary loss to the Government by misconduct or negligence. Regulation 351 -AA enables the Government to sanction a provisional pension under Regulation 919 -A to a Government servant who has retired on superannuation and against whom departmental or judicial proceedings are pending on the date of retirement or to be instituted after retirement. Regulation 919 -A authorizes the payment of a provisional pension in a case referred to in Regulation 351 -AA. Regulation 919 -A (3) provides that no death -cum -retirement gratuity shall be paid to a Government servant until the conclusion of the departmental or judicial proceedings. These provisions have been interpreted by the Division Benches of this Court in State of U P Vs Jai Prakash (Special Appeal (D) No 1278 of 2013 decided on 17 December 2013) Chandra Pal Singh Vs State of U P (Special Appeal No 1964 of 2013 decided on 19 December 2013), and Additional Director General of Police Vs Radhey Shyam Sharma(Special Appeal (D) No 840 of 2014 decided on 14 October 2014). The learned Single Judge in the impugned judgment has extracted from the aforesaid decisions.