RAM SEWAK MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The matter has been placed before this Bench in view of the reference made by the learned Single Judge of this Court doubting the correctness of an order passed by Single Bench of this Court in the case of Dau Ram Maheshwar v. State of M.P. and another reported as 2017(1) MPLJ 640. The learned Single Bench has framed the following questions:-

(2.) The facts as are necessary for examining the question posed are that the Petitioner was convicted in a criminal case under Section 7 of the Prevention of Corruption Act, 1988. The petitioner filed an appeal against his conviction which is pending before this Court, wherein there is order of suspension of sentence. The petitioner attained the age of superannuation on 31.12004 and was granted anticipatory pension on 31.3.2005 by the Collector. The entire pension has been withheld under Rule 8 of the Civil Services (Pension) Rules, 1976 (hereinafter referred to as the "Pension Rules" for short) in view of the conviction of the Petitioner in the criminal case without giving any notice and opportunity of hearing. The impugned order of stoppage of pension has been passed on 15.3.2010. The ground of challenge in the writ petition is that pension could not be stopped without giving notice or opportunity of hearing.

(3.) On behalf of the State it is stated that the pension has been stopped after consultation of the Public Service Commission and the approval from the Council of Ministers. It is denied that there is any violation of principles of natural justice as the pension has been stopped in terms of Rule 8 (1) of the Pension Rules, 1976. Rule 8 of the said Rules reads as under :-