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2014 Supreme(Kar) 803

DILIP B BHOSALE
L. NARASEGOWDA – Appellant
Versus
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI SUBBARAO, SR. ADV., FOR M/S SUBBA RAO & COMPANY
For the Respondent: SRI P S DINESH KUMAR, ADV., FOR R1&3; SRI V Y KUMAR, ADV., FOR R2

ORDER :

Heard learned counsel for the parties.

2. Rule. By consent of learned counsel for the parties heard forthwith.

3. The petitioners, in these writ petitions under Article 226 of the Constitution of India, retired as the employees of respondent No.2 M/s. Bangalore Electrical Supply Co. Ltd., (for short “the BESCOM”). The petitioner in W.P.No.11936/14 attained the age of superannuation on 30.06.2013 and with effect from 01.07.2013 became entitled to receive pension, DCRG and other retiral benefits. The petitioner in W.P.No.29142/14 attained the age of superannuation on 31.05.2013 and with effect from 01.06.2013 he also became entitled to receive pension, DCRG and other retiral benefits.

3.1 Though initially the pension and other retiral benefits were withheld by BESCOM in view of the pendency of a criminal case against them, bearing C.R.No.89/2007 for the offences punishable under Sections 143, 147, 149, 448, 341, 506, 427 r/w section 149 of IPC, subsequently they sanctioned 50% of the pension as “provisional pension” to both the petitioners. When criminal case was registered against them they were in service. However, the offence was alledgedly committed by them outside their

































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