JUDGMENT :

Learned counsel for the appellant Corporation submits that under Chapter IX General Conditions of the Life Insurance Corporation of India (Employees) Pension Rules, 1995, employer can withhold gratuity and final pension and disciplinary proceeding can continue after superannuation. Learned Single Judge has failed to take into account the rule position despite specific statement made to that effect in the counter affidavit at para 14 in the writ petition. Learned Single Judge has however refused to interfere in the charge-sheet issued against the writ petitioner having procured employment on the basis of false caste certificate.

2. Relevant provisions of Chapter IX of the Life Insurance Corporation of India (Employees) Pension Rules, 1995 are quoted hereunder:

GENERAL CONDITIONS

“42. Pension subject to future good conduct - Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.

43. Withholding or withdrawal of Pension - The Competent Authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is