BADELAL PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed against the order dtd. 17/12/2014 passed by Deputy Inspector General, Narmadapuram, M.P. in File No.DIG/HO.KS/PA/PUNISHMENT/625A/2014 by which the services of petitioner have been terminated on the ground of his conviction under Ss. 7, 13(1)D read with Sec. 13(2) of Prevention of Corruption Act, 1988.

(2.) It the case of petitioner that in light of Rule 64 of M.P. Civil Services (Pension) Rules, 1976 (for brevity, 'Rules, 1976'), petitioner is entitled for provisional pension for the reason that pension is the property of petitioner and which cannot be withheld in light of provisions of Article 300-A of Constitution of India. It is further submitted that non-payment of Gratuity, Leave Allowances, GPF, GIS and other allowances to petitioner is bad. It is further submitted that the Supreme Court in the case of Shankar Dass vs. Union of India & Another reported in AIR 1985 SC 772, has held that a person should not be dismissed upon his conviction for trivial offence.

(3.) Per contra, petition is vehemently opposed by counsel for State. It is submitted that once petitioner has been convicted then there is no presumption of innocence in his favour and the provisions of Rule 64 of Rules, 1976 would not apply.