KAMAL KISHORE RATHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed with a prayer for grant of pension and amount of commutation to the petitioner.

(2.) The brief facts of the case are as under:

(3.) Learned counsel for the petitioner submitted that once he had been acquitted in the criminal case there was no occasion for the respondent-Department to deprive him of his regular pension only on the ground of an appeal being pending against him. The document (Annexure-3) whereby the objections had been raised by the Department of Pension has been placed on record and the reply to the same as forwarded by the employer of the petitioner has also been placed on record. A perusal of the reply specifies that all the objections as raised by the Pension Department have been duly replied by the Employer Department and therefore, no cause then survived to withhold the pension of the petitioner. Learned counsel for the petitioner relied upon the judgment passed in the case of a similarly situated employee namely Mohan Lal in S.B. Civil Writ Petition No. 2055/2011 (Mohan Lal v. Rajasthan Rajya Vidut Prasaran Nigam Ltd. and Ors.) decided on 4/12/2014 which was further affirmed by the Division Bench in D.B. Civil Special Appeal (Writ) No. 180/2015 (Rajasthan Rajya Vidut Prasaran Nigam Ltd. and Ors. v. Mohan Lal) decided on 4/7/2015.