DASHRATH KUMAR Vs. PRINCIPAL SECRETARY TO GOVT.

JUDGEMENT

(1.) The present petition is preferred under Article 226 of the Constitution of India seeking following reliefs:

(2.) Petitioner is aggrieved by the order dtd. 26/5/2020 (Annexure P/1) passed by respondent No.1 whereby the representations dated 07-06- 2019, 10/6/2019 and 11/7/2019 were considered and rejected and final order dtd. 13/10/2020 (Annexure P/2) was passed forfeiting the pension of the petitioner permanently purportedly under the provisions of M.P. Civil Services (Pension) Rules, 1976 (in short 'the Pension Rules').

(3.) Precisely stated facts of the case are that petitioner was appointed to the post of LDC in the Madhya Pradesh Secretariat in August, 1966 and step up the ladder to the post of Deputy Secretary in December, 2011. He was superannuated from the services after attaining the age of superannuation from the post of Deputy Secretary, Government of Madhya Pradesh on 31/10/2016. It appears that on the complaint of Smt. Shaifali Tiwari, Jail Superintendent, Indore, case was registered by Special Police Lokayukt, Indore under Ss. 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988 (in short 'the PC Act') in which after investigation charge-sheet was filed and trial conducted. Special Court, Indore convicted the petitioner for offence under Sec. 13(1)(a) and 13(2) of the PC Act and awarded jail sentence of