ORDER :

1. The present writ petition has been filed claiming for a direction to the respondents for taking an appropriate decision for grant of full pension in terms of proviso Clause (b) of Rule 9(4) of the Chhattisgarh Civil Services (Pension) Rules, 1976.

2. The relevant facts for adjudication of the present writ petition is that the petitioner was working under the respondents on the post of Chief Municipal Officer Grade-B. He was appointed w.e.f. 05.10.1982 on the post of Chief Municipal Officer Grade-B and by virtue of his seniority he got promoted to the post of Chief Municipal Officer Grade-A vide order dated 18.06.1992. While the petitioner was in service, he was subjected to disciplinary proceedings in the year 2013. A charge-sheet was issued to the petitioner on 27.11.2013, which stood duly served and thereafter the disciplinary proceedings have been initiated on the alleged charges of causing monetary loss to the Department.

3. Down the line, the petitioner reached the age of superannuation and stood retired from the services of the respondents w.e.f. 31.07.2017. On the date of retirement also the petitioner was working as a Chief Municipal Officer Grade-A. Since the departmental enquiry initiated in the year 2013 was not concluded, the petitioner was granted provisional payment of pension and other retiral dues and as of now the petitioner is getting 90% of the pension.

4. The present writ petition now has been filed for an appropriate direction to the respondents for grant of full pension referring to Clause (b) to the third proviso to Sub-rule 4 of Rule 9 of the aforesaid Rules of 1976. The petitioner submits that in terms of the Rules governing the field since the disciplinary proceedings initiated against the petitioner have not been completed within a period of 2 years from the date of institution, the petitioner therefore would be entitled for the entire amount of pension and which in other word means, the petitioner in the instant case would be entitled for the benefit of restoration of the 10% of pension which stood withheld on account of the pending departmental enquiry

5. The State counsel on the other hand submits that taking into consideration the nature of the allegations leveled against the petitioner, firstly the charges seems to be quite grave and secondly the allegations involves monetary loss, therefore it would not be appropriate at this juncture to permit the petitioner to have the advantage of full pension be that as it may.

6. Having heard the contentions put forth on either side and on perusal of record, it would be relevant at this juncture to take note of the Rule position as it stands.

7. Rule 9 of the aforementioned Rules of 1976 empowers the governor to withhold or withdraw the pension. In the given facts and circumstances as envisaged under Rule 9 of the aforementioned Rules of 1976. Sub-rule 4 of Rule 9 deals with the release of provisional pension. Sub-rule 4 further has certain provisos carving out certain exceptions to the General Rules so far as grant of provisional pension is concerned. For ready reference Sub-rule 4 and the provisos thereon are being reproduced herein under:

“9. Right of Governor to withhold or withdraw pension. –

(1) xxxxxxxxxxxxxx

(2) xxxxxxxxxxxxxx

(3) xxxxxxxxxxxxxx

(4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension and death-cum-retirement gratuity as provided in [Rule 64], as the case may be, shall be sanctioned :

[Provided that where pension has already been finally sanctioned to a Government servant prior to institution of departmental proceedings, the Governor may, by order in writing, withhold, with effect from the date of institution of such departmental proceedings fifty per cent of the pension so sanctioned subject however that the pension payabl