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IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy
Banshidhar Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner requests order quash with reason. (Para 3) |
| 2. impugned order's validity questioned due to procedural issues. (Para 4) |
| 3. opposite parties defend order based on rules and conviction. (Para 5) |
| 4. court finds no irregularity due to conviction. (Para 6) |
| 5. writ petition disposed with conditions. (Para 7) |
ORDER :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. S. Mallik, learned counsel appearing for the Petitioner and Mr. S. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia with the following prayer:-
“Under the aforesaid facts and circumstance the petitioner humbly prays that this Hon’ble court may graciously be pleased to:
i. Quash the order dt.03.10.2025 as at Annexure 2 with a concurrent direction to reconsider implosion of lesser penalty taking into consideration the gravity of misconduct.
ii. And to pass such other order(s) / direction(s) as may be deemed fit and proper in the interest of justice.
And for this act of kindness the petitioner as on duty bound ever pray.”
4. It is contended that after his retirement Petitioner was not sanctioned with th
The court upheld the withholding of pension based on conviction, affirming that no prior show-cause notice is required under pension rules upon such conviction.
Under Rule 8(2) of the Pension Rules, 1976, no notice or opportunity of hearing is required to withhold pension after a conviction, and the principles of natural justice are specifically excluded in ....
Government employees are entitled to pension and retirement benefits if no departmental or judicial proceedings are pending at the time of retirement, in accordance with the prescribed rules.
A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.
Withdrawal of pension for convicted public servants under Rule 8 of the Pension Rules is permissible without a hearing when the conviction involves a serious crime like bribery.
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
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