LAWS(MPH)-2016-3-68

MAHIMA CHAND GANGWAR Vs. STATE OF MADHYA PRADESH

Decided On March 11, 2016
Mahima Chand Gangwar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The core issue involved in this case is whether the respondents are justified in depriving the petitioner from pension because of his conviction under Section 324/34 of IPC.

(2.) The petitioner, now septuagenarian, has filed this petition seeking benefit of pension and retiral dues. The petitioner has fought a long drawn battle in the corridors of the Court. This matter has a chequered history.

(3.) The petitioner was working as Upper Division Teacher in Government High School, Sulganganj, District Raisen. He was implicated in a criminal case based on an incident dated 17.05.1996. The petitioner was placed under suspension because of said criminal case w.e.f. 21.05.1996. The petitioner has retired on attaining the age of superannuation on 31.01.1997. The suspension period was not regularized even after his retirement. The petitioner continued to get the subsistence allowance even after his retirement. The said criminal case ended in conviction of petitioner. The trial Court by judgment dated 18.10.1997 directed that petitioner will undergo imprisonment for a period of two years for the offence punishable under Section 324 of IPC.