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2024 Supreme(Chh) 360

DEEPAK KUMAR TIWARI
R. R. Dubey S/o Late R. G. Dubey – Appellant
Versus
Chhattisgarh State Power Holding Company Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Manoj Paranjpe with Mr. Bharat Sharma, Advocates
For the Respondents:Mr. Varun Sharma, Advocate.

ORDER :

1. This Writ Petition has been filed challenging the order dated 16.01.2017 (Annexure-P/1) passed by respondent No.2, whereby, provisional pension granted to the petitioner was directed to be withheld under Rule 9 (1) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short “Pension Rules, 1976”).

2. Facts of the case are that the petitioner was appointed as Engineer under the Department of respondents on 25.02.1971. He submitted his joining on the post of Assistant Engineer on 13.04.1973 and thereafter he promoted to the post of Executive Engineer on 30.06.1980. On 29.03.2000, an offence was with Section 13 (2) of the Prevention of Corruption Act, 1988 and under Section 193 and 196 of the Indian Penal Code. On 31.12.2005, the petitioner was retired from the post of Chief Engineer. On 26.02.2006, the charge-sheet was filed against the petitioner for the aforesaid offences, on account of which, he was subjected to trial in Special Case No.1/2006 before the Court of First Additional Sessions Judge and Special Judge, Lokayukt, Jabalpur (MP).

3. During the aforesaid period, the respondents had initiated departmental enquiry and directed to fix the provisional pension ti

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