ANOOP V. MORTA, J. :

Rule, returnable forthwith. Heard finally by consent of parties.

2. We are inclined to dispose of the present Petition as no case is made out by the Respondents by referring to any provision of law and/or regulation whereby the service retirement benefits of an employee of Respondents, can be withheld and/or stopped merely because some Criminal Appeal against acquittalis initiated and/or pending against such retired employee.

3. All the counsel appearing for the parties unable to read and/or refer any provision whereby such restriction is provided and/or contemplated. We also see no reason to stop the pensionary benefits merely because the concerned Respondents have some doubt and, therefore, sought clarification from the State of Maharashtra.

4. The learned AGP appearing for the State has also pointed out that there is no such provision and/or power to withhold such pensionary benefits.

5. The Supreme Court has in Civil Appeal No.6770 of2013 (Arising out of Special Leave Petition (Civil) No.1427 of 2009) - State of Jharkhand & ors v. Jitendra Kumar Srivasstava & anr decided on 14.08.2013 : [2013 ALL SCR 3204], and observed as under:

" Fact remains that th