LAL SAHAB BAIRAGI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This reference to the Full Bench arises on the following facts.

(2.) Petitioner was posted as a Chief Municipal Officer, Majholi. He was prosecuted and convicted by the Special Judge (PC Act) for offences punishable under Section 409 , 120B of the IPC and Section 13(i)(d) r/w Section 13(2) of the Prevention of Corruption Act,1988. The learned trial Judge found him guilty, therefore convicted and sentenced him to undergo period of sentence awarded. Against the conviction and sentence, petitioner preferred a Criminal Appeal and this Court has suspended the jail sentence awarded to the petitioner. After retirement, by order dated 8.8.2016, State Government forfeited pension of the petitioner.

(3.) Petitioner challenged the order dated 8.8.2016 in this Court and contended that the said order is unsustainable in law as no opportunity of hearing was afforded to him before passing the order dated 8.8.2016. In support of the contention, reliance was placed on the full Bench decision in the case of Ram Sewak Mishra Vs. State of Madhya Pradesh reported in 2017 (4) MPLJ 482 wherein the majority approved the decision of the learned single judge in Dau Ram Maheshwar Vs. State of Madhya Pradesh reported in 2017 (1) MPLJ 640.