IMPORTANT POINT
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.

ORDER :

(Farjand Ali, J.)

1. By way of filing this wit petition, the petitioner has challenged the order dated 25.01.2022 (Annexure-3) passed by the respondent No.2 to the extent it relates to withholding her all the retiral benefits.

2. Bereft of elaborated details, the brief facts necessary for disposal of the instant writ petition are as under :-

2.1. The petitioner was appointed as Librarian in the respondent-department in the year 1985; however, in a criminal case registered against her in the year 1996, she was convicted and sentenced for the offence under Section 306 of IPC by the learned trial court vide judgment dated 01.05.2000.

2.2. Against the judgment of conviction and sentence, the petitioner preferred a criminal appeal, S.B. Criminal Appeal No.215/2000 (Smt. Sunita Dixit Vs. State of Rajasthan). before this Court, which was admitted and the sentence awarded to her was suspended vide order dated 23.05.2000. The appeal is pending for final adjudication.

2.3. Subsequently, the respondent-department vide order dated 01.06.2000 suspended the petitioner while serving her a charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, [For brevity hereinafter to be referred as ‘the Rules of 1958’], for her conviction in a criminal case and for failing to inform the higher officer about the conviction as well as for her absence from service from 04.05.2000 to 29.05.2000.

2.4. Being aggrieved by the above suspension order, the petitioner moved several representation for dropping the charges levelled against her and for revoking the suspension as she was paid only subsistence allowances during suspension period; however, no heed was paid by the respondent-department and vide order dated 18.03.2021 (Annexure-1) her services were terminated while invoking the provision of Rule 19 of the Rules of 1958.

2.5. The said suspension order dated 18.03.2021 (Annexure-1) was challenged by the petitioner before this Court by filing a writ petition,[S.B. Civil Writ Petition No.6163/2021 (Smt. Sunita Dixit Vs. State of Rajasthan & Anr.).], wherein a Coordinate Bench of this Court vide order dated 06.07.2021 ordered to admit the writ petition and at the same time stayed the suspension order dated 18.03.2021 (Annexure-1) and the respondents were directed to reinstate the petitioner forthwith. As a result of which, the petitioner was reinstated in service.

2.6. Thereafter, the petitioner was superannuated from her services vide order dated 31.01.2022 (Annexure-4) but in pursuance of the order dated 25.01.2022 (Annexure3); all the retiral benefits accruable to the petitioner were withheld stating therein that the same would be subject to the final outcome of the criminal appeal filed by her.

2.7. The petitioner submitted a representation dated 03.02.2022 (Annexure-5) for granting her provisional pension and benefits of services in accordance with law. However, the respondent-department vide letter dated 24.02.2022 (Annexure-6) sought directions from its higher authorities regarding the issue in question, but no heed was paid to her request. Hence, this writ petition.

3. Learned counsel for the petitioner submits that the petitioner has served with the respondent-department for about 37 years with utmost dedication, zeal and with unblemished services. It is further submitted that except the criminal case registered against the petitioner in the year 1996 for the offence 306 of IPC, she was never subjected to any departmental proceedings for any kind of misconduct pertaining to the official duties. It is also submitted that though respondent-department has withheld the retiral benefit and pension of the petitioner merely on account of pendency of a criminal appeal filed by her against the order of conviction, but the said appeal was admitted and her sentence was suspended by a Coordinate Bench of this Court. It is also stated by learned counsel for the petitioner that withholding of retiral benefits includi