NILAKANTHA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner entered into Bihar and Orissa Government Service with effect from 9-7-1930 as an overseer and superannuated from service under the State Government -of Orissa with effect from 19-6-1968 while, functioning as a Superintending Engineer. Upon superannuation, he became entitled to pension as admissible under the Rules. On the 17th of June, 1969, Government in the Works Department communicated to the Accountant General, Orissa, that petitioner's services were satisfactory yet as a criminal case was pending against him, he may be paid provisional pension not exceeding two-thirds of admissible pension and payment of Gratuity may be kept in abeyance until the results of the criminal case are finally 'known. Petitioner moved this Court in O. J. C. No. 360 of 1972 to quash the said/ order. By judgment - dated 20th of December; 1973,' petitioner's application was allowed and the order granting provisional pernsion and withholding of Gratuity was quashed. This Court held:

(2.) In the counter-affidavit of the State, the stand taken is that the criminal case wherein petitioner has been convicted was in respect of certain acts committed by the petitioner prior to his retirement and, therefore, Article 351 of the Regulations had application. It is claimed that the conviction of the petitioner after retirement is a definite stigma on his conduct and the provision of Article 351 is only applicable to his case.

(3.) The three Articles which appear to be relevant for adjudication of the point in issue are Articles 351, 351-A and 470 of the Regulations and it is appropriate, therefore, that they are extracted here. It may be noted that while there is no adaptation in so far as the first Article is concerned, Article 351-A has been substituted in the State of Orissa.