PADAM NATH Vs. MANAGER UCO BANK

JUDGEMENT

(1.) The petitioner was ex -servicemen in the Infantry. He was receiving pension since, 1978. He was convicted under Section 302 of the Indian Penal Code by the Sessions Judge on 6.7.1993 and sentenced to life imprisonment plus fine of Rs. 5000/ -. The petitioner filed an appeal which was dismissed and the petitioner for Special Leave in the Supreme Court was also dismissed on 9.12.1994.

(2.) In the meanwhile, the petitioners pension was withheld by the respondents on the ground that he was convicted and sentenced to the imprisonment. The respondents has placed reliance upon rule 82 Pension Regulations Part II (1961) and para 29.1 of Pension Payment Instructions (1973).

(3.) The contention of the petitioner is that the respondents have not applied their mind before withholding the pension under the said provisions. The matter is res integra. The question has been considered by the Supreme Court in Rameshwar Yadav v. Union of India & Anr (1989 Supp (2) Supreme Court Cases 565).