ORDER

1. This petition, under article 226, of the Constitution of India has been filed being aggrieved of the order dated 17.12.2015 (Annexure P/1) passed by respondent No.3, whereby services of the petitioner have been terminated on account of conviction in Criminal Case No. 07/2013 vide judgment dated 27.5.2015 for the offences punishable under sections 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 and 120B of the IPC and sentence of 1 year's R.I. with fine of Rs.1000/- with default stipulation for each offence.

2. Brief facts leading to filing of this case are explicated thus:

(i) Initially petitioner was appointed in the revenue department and ultimately, got promoted to the post of Naib Tahsildar. He was posted at Dhar.

(ii) On 31.1.2014, Challan was filed against the petitioner before the concerned Court in respect of aforesaid criminal case, due to which, petitioner was put under suspension vide order dated 21.112015 (Annexure P/2) under rule 9 (1) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for short “the Rules of 1966”).

(iii) Vide order dated 10.2.2015 (Annexure P/5), date of superannuation of the petitioner was intimated as 31.10.2015.

(iv) Thereafter, on 18.5.2015, petitioner was transferred from Dhar to Gwalior vide order (Annexure P/3), where name of petitioner finds place at S.No.6. However, as he was under suspension, he could not be relieved to join at Gwalior.

(v) Subsequently, vide judgment dated 27.5.2015 (Supra), petitioner was convicted for the offences punishable under sections 7, 13 (1) (d) and 13 (2) of the Act of 1988 read with S.120B of the IPC and sentenced, as indicated above. Being aggrieved, petitioner filed an appeal before the Indore Bench of this Court, which was registered as Cr.A. No.696/2015. The same is still pending adjudication and vide order dated 15.6.2015, custodial sentences of the petitioner have been suspended.

(vi) During pendency of the aforesaid criminal appeal, vide order dated 17.12.2015 (Annexure P/1), services of the petitioner have been dismissed withholding his retiral dues, assailing which, this petition has been filed.

3. Learned counsel for the petitioner submitted that the entire action of the respondents in dismissing the services of the petitioner after his superannuation and withholding of retiral dues is illegal and arbitrary. It is submitted that rule 9 (1) of the M.P. Civil Services (Pension) Rules, 1976 (for brevity “the rules of 1976”) empowers and gives right only to His Excellency the Governor to withhold and withdraw the pension permanently. No order with regard to dismissal can be passed under the rules of 1976. It is further submitted that since the petitioner superannuated on 31.10.2015, by no stretch of imagination his services could have been terminated vide order dated 17.12.2015 (Annexure P/1), much less under the rules of 1976. Even otherwise, before issuing such termination order, no show-cause notice was ever served upon the petitioner. He further submitted that the appeal is still pending consideration, therefore conviction by the trial Court cannot be treated to have attained finality and the impugned order based thereupon cannot be sustained in the eyes of law. Accordingly, it is prayed that the impugned order may be set aside and retiral dues may be directed to be released in favour of the petitioner.

4. Per contra, return has been filed by the State mentioning therein that in his entire service career, the petitioner served at District Dhar. The service record of the petitioner is also with the Office at Dhar. Petitioner superannuated from Dhar and the criminal case was also registered at Dhar. The criminal appeal is pending at Indore Bench of this Court. This petition has been filed before this Court on the sole ground that the petitioner resides in Gwalior. However, no cause of action arose within the territorial jurisdiction of this Court. Therefore, this Court does not have the territ