JUDGMENT :

Vishal Mishra, J.

1. With consent, heard finally.

The present petition has been filed being aggrieved by the illegal and arbitrary action or inaction on the part of the respondents, whereby, the respondents have withholding 90% pension of the petitioner and subsequently have stopped the pension of the petitioner completely, after his conviction in a criminal case. It is submitted that the power to withdrawal or withheld the pension is confessed with the Governor of the State and no order could have been passed without the permission of the Governor. The order is wholly without jurisdiction.

2. The petitioner was holding the post of Rural Agricultural Extension Officer (RAEO) and he attained the age of superannuation i.e. 58 years on 30.11.1995. On 28.10.1958, the petitioner was inducted his service as Gram Sevak in the erstwhile Planning Development Department and after bifurcation of the Department the service of the petitioner was merged in the Agriculture Department and later on his designation was known as RAEO. It is submitted that when the petitioner was at the verge of retirement and was posted at Block Aron, District Guna, a false criminal case was registered against