RAMESH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant got superannuated on April 30, 1995. THE State Government granted him provisional pension vide order dated August 26, 1996 under Rule 170 of the Rajasthan Service Rules, 1951. THEreafter learned Judge A. C. D. Cases Jaipur City convicted and sentenced the appellant on Sept. 15, 1999 under sections 7 read with 13 (1) (d) (2) of the Prevention of Corruption Act, 1988 in Criminal case No. 3/95. THE conviction and sentence awarded to the appellant were ordered to be suspended by the High Court under Section 389 (1) Cr. P. C. in an appeal preferred by the appellant against the judgment of the learned Judge ACD Cases.

(2.) IN view of the aforequoted conviction of the appellant the State Government decided to withhold the cent per cent pension of the appellant invoking Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules 1958 (for short CCA Rules) and referred the matter for approval to Rajasthan Public Service Commission Ajmer and after receiving Commission's approval passed an order on November 16, 2000 imposing penalty to withhold cent per cent pension of the appellant. When no action was taken on the representation, the appellant instituted the writ petition. Learned Single Judge vide order dated August 2, 2001 dismissed the writ petition. Hence this appeal.