(1) THIS appeal is directed against the judgment of the central Administrative tribunal, Allahabad (the tribunal) dated 18/7/1990 upholding the order of the President of India under Rule 9 of the central Civil Services (Pension) Rules, 1972 (the Pension Rules) withholding the entire monthly pension admissible to the appellant and also denying the death-cum-retirement gratuity to which the appellant may be entitled under the Rules.

(2) THE appellant, Sita Ram Yadava, was working as a Sorter in the Railway Mail Service at Kanpur. He was absent from duty from 11/10/1973 to 30-7- 1974. In the night between 20/10/1973/21/10/1973, 70 gms of illicit opium was recovered from Sita Ram Yadava who at that time stated that he was the son of Bhagwati Prasad. He was arrested by the Excise Inspector under the Opium Act. According to the respondents, the arrested person was none other than the appellant who according to the railway record is son of Jhullan Prasad. Sita Ram Yadava was convicted under Section 9 of the Opium Act and was sentenced to undergo rigorous imprisonment for three months. An appeal filed by him was dismissed by the Sessions Judge. Criminal Revision filed by Yad