LAWS(RAJ)-2012-8-256

ANAND PRAKASH CHATURVEDI Vs. STATE OF RAJASTHAN

Decided On August 21, 2012
Anand Prakash Chaturvedi Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) BY this writ petition, a challenge has been made to order dt. 06.01.2012 whereby petitioner's entire pension is ordered to be withheld. It is precisely on the ground of conviction in case registered under the provisions of Prevention of Corruption Act. The petitioner preferred an appeal where sentence has been suspended. I find that impugned order has been passed under Rule 6 of the Rajasthan Pension Rules, 1996 (for short "Rules of 1996"). The appeal lies to the Hon'ble Governor as per Rule 6(5), however, without exhausting statutory remedy provided under the Rules, petitioner preferred this writ petition. All the grounds raised herein can otherwise be raised before the Hon'ble Governor, accordingly I am not inclined to entertain this writ petition, hence, the same is dismissed so as the stay application. However, the petitioner would be at liberty to maintain an appeal under Rule 6(5) of the Rules of 1996. If appeal is preferred by the petitioner, the respondents are expected to decide it expeditiously.