The main legal point established is that the government has the right to withhold or withdraw a pension under Article 168 of the J&K Civil Service Regulation if a pensioner is convicted of serious crimes, and the appeal against the conviction does not alter the pensioner's status as a convict.

JUDGMENT :

1. The petitioner is aggrieved and has assailed the order of University of Kashmir (hereinafter "respondent-University") issued by its Assistant Registrar Administration bearing No. F.451.Pen.WH-Adm-TW/KU/18/5718, dated 28th August, 2018, whereby the monthly pension drawn by the petitioner has been withdrawn with immediate effect in terms of Article 168 of the J&K Civil Service Regulations.

2. The impugned order is assailed by the petitioner on the ground that the pension of the petition has been withdrawn in terms of Article 168 of J&K Civil Service Regulations by treating the petitioner as having been convicted of serious offence whereas the fact remains that the petitioner is in appeal against his conviction before this Court and, therefore, he is deemed to be an under-trial and not convict. This is the short submission made by Mr. Z.A. Qureshi, learned Senior Counsel appearing for the petitioner.

3. The stand of the respondent, as can be culled out from the reply affidavit filed by the Registrar of the respondent-University, is that the petitioner has been convicted of serious offences for which he has been sentenced for a term exceeding twenty years and, therefore, in terms of Article 168 of J&K CSR, the petitioner is not entitled to pension. The respondent-University has, therefore, exercised the power available under J&K CSR and, as such, no prior notice was required to be issued to the petitioner. It is contended that issuance of notice would not have changed the position and, therefore, a useless formality.

4. Having heard learned counsel for the parties and perused the material on record, it is necessary to set out Article 168 of the J&K Civil Service Regulation, 1956, which reads thus:-

"168. Further good conduct is an implied condition of every grant of a pension. The Government reserves to itself the right of withholding or withdrawing a pension. if a pensioner be convicted of serious crime or be guilty of grave misconduct. Further, the grant will be subject to the condition that the pensioner does not engage himself in any contract, lease or any profession which has anything to do with the Department or Departments of the State wherein he served prior to his retirement."

5. From a reading of Article 168 of J&K CSR Vol. 1, it is abundantly clear that the government is well within its right to withhold or withdraw pension, if pensioner is convicted of a serious crime or is guilty of grave misconduct.

6. It is seen that the petitioner was working as Director/Professor in the Computer Department of the University of Kashmir since the year 1989 and was sent on deputation to the Board of Profession Entrance Examinations as Chairman for a period of two years or till he attains the age of 65 years, whichever was earlier. This was done by the Government vide its notification dated 28th February, 2009. The petitioner retired on superannuation w.e.f. 31st August, 2010. It was only in the year 2013, a case FIR No. 24/2013 came to be registered against the petitioner for offences under Section 406, 420, 120-B read with Section 5(1)(d) and Section 5(2) of J&K Prevention of Corruption Act. Since the FIR against the petitioner was registered after his superannuation, as such, the respondent-University vide order dated 23.11.2010 accorded sanction to the grant of pension and other pensionary benefits in favour of the petitioner. The FIR was investigated by the Vigilance Organization and the challan against the petitioner and 43 other accused was presented before the Court of Special Judge (Anticorruption Court), Srinagar.

7. It is not in dispute that along with others, the petitioner has been convicted of the offences and has been sentenced to undergo sentence for a period ranging more than twenty years. Taking note of the conviction of the petitioner, the respondent-University issued the impugned order by invoking Article 168 of the J&K CSR and stopped the pension of the petitioner.

8. The argument raised by Mr. Qureshi, learn