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2022 Supreme(MP) 712

RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
SANTOSH KUMAR SEETHA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER PURUSHAINDRA KUMAR KAURAV, J. : – This intra Court appeal is filed being aggrieved by the order dated 1-9-2015 (Annexure-A-1) passed by the learned Single Judge dismissing the Writ Petition No. 14026 of 2015(s) filed by the appellant herein.

2. The facts of the case are that the appellant was working as Cashier in Government Boys Higher Secondary School No. 1, Sehore. He was convicted and sentenced for various offences under Prevention of Corruption Act, 1988 and Indian Penal Code vide judgment of conviction and sentence dated 29-7-2011 in Special Case No. 04 of 2005, State of Madhya Pradesh vs. Vinod Kumar Parihar and others by Special Court Prevention of Corruption Act, Sehore. The maximum sentence was of two years and fine was also imposed as mentioned in paragraph 33 of the judgment of conviction and sentence. The appellant was one of the accused and the other accused were also convicted and sentenced by the same judgment.

3. Upon his conviction and sentence, the State Government vide order dated 26-5-2011 in exercise of power vested under Rule 9 of Madhya Pradesh Civil Services (Pension) Rules 1976 (hereinafter referred to as “the Rules of 1976”) withheld the pension of

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