RAMESH CHANDRA CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner on the question of admission.

(2.) The petitioner, while he was working on the post of Assistant Grade-II in the office of the Sub Divisional Officer (Revenue), Dewas, he was placed under suspension. Thereafter, a regular departmental enquiry under Rule 14 of Madhya Pradesh Civil Service (Classification, Control & Appeal) Rules, 1966 (herein after referred to as ... "the Rules of 1966") was also initiated against him alleging receipt of illegal gratification by him. Thereafter, the matter was referred to the Lokayukt, Ujjain and a criminal case has also been registered against him by the Lokayukt, Ujjain which is still under investigation and no challan has been filed against the petitioner in the competent court of law. As investigation in the aforesaid criminal case is pending, no progress has been made in the departmental enquiry initiated against the petitioner. The petitioner stood retired from the service of respondent no.1 department from the post of Assistant Grade - II w.e.f. 31/07/2017 as is evident from the order dated 20/07/2017(Annexure-P/3), passed by the respondent no.2.

(3.) The petitioner further submits that in terms of the provisions of Rule 9 read with Rule 64 of Madhya Pradesh Civil Service (Pension) Rules, 1976, the petitioner is entitled to be granted provisional pension at the rate of 90% and provisional gratuity at the rate of 50% despite pendency of departmental enquiry against him at the time of his retirement.