RAJKARAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE grievance of the petitioner is that he was placed under suspension by an order dated 6.2.2007, owing to filign of a challan in the Court of Special Judge, Rewa, for commission of offences under Sections 467, 468, 471, 201 and 120-B of the Indian Penal Code. The petitioner was to attain the age of superannuation, therefore, the said suspension order was revoked on 29.4.2008. The petitioner superannuated from the services on 30.4.2010. The pension case of the petitioner was prepared, but only a provisional pension was paid to him. In the Criminal case, the petitioner was convicted for commission of the aforesaid act read with Section 13(1)(d) 13(2) of the Prevention of Corruption Act, 1988. Against the conviction, the petitioner has preferred a Criminal Appeal before this Court, which has been entertained and the sentence of conviction is suspended by this Court. However, the moment information was given that the petitioner is convicted, the provisional pension was stopped. A representation is made by the petitioner, but since the pension has not been restored, therefore, this writ petition is required to be filed.

(2.) : The notices have been issued to the respondents and a return has been filed indicating information was sent that on relevant date directing that the petitioner will not be paid the provisional pension owing to his conviction. This information is also sent to the higher authorities and, therefore, it is contended that the petitioner is not entitled to payment of provisional pension on account of his conviction.

(3.) : Heard learned counsel for the parties at length and perused the record.