Heard counsel for the parties and with their consent this appeal is being disposed of at the admission stage itself.

2. The undisputed facts are that the appellant supperannuated from service on 31.10.96. He was then holding the post of Travelling Veterinary Officer. He was not paid his full pension, gratuity and leave encashment dues which compelled him to file a writ petition before this Court claiming payment of full pension, gratuity and leave encashment dues. A learned Judge of this Court has held that since the petitioner has been chargesheeted in a criminal case involving defalcation of public fund, 10% of the pension, gratuity and leave encashment dues may be withheld till conclusion of the trial. The judgement order of the learned Judge has been impugned before us in this appeal.

3. Counsel for the appellant submits that the State Government has a right of withholding or withdrawing a pension or any part thereof whether permanently or for specified period if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct or to have caused pecuniary loss to the Government by misconduct or negligence during his service. In the instan