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ANAND PATHAK
Dashrath Kumar – Appellant
Versus
Principal Secretary to Governor of Madhya Pradesh – Respondent
ORDER
1. The present petition is preferred under Article 226 of the Constitution of India seeking following reliefs :
“(A) Calling the relevant records along with note sheets pertaining to issuance of show cause notice impugned order dated 27.5.2019 and pertaining dated 26.5.2020 (Annexure P/1) and dated 13.10.2020 (Annexure P/2) and appeal dated 21.8.2020.
(B) Quashing the impugned order dated 26.5.2020 Annexure P/1 and order dated 13.10.2020 (Annexure P/2) as they are illegal, arbitrary and void ab initio; AND
(C) Directing the respondent No.3 to grant full pension regularly after fixation of pay in 7th pay commission with all consequential benefits, including all pensionary benefits i.e. gratuity etc and arrears of dues with 18 percent interest.
(D) Any other relief which this Hon’ble Court may deem fit; also be granted to the petitioner along with costs.”
2. Petitioner is aggrieved by the order dated 26.5.2020 (Annexure P/1) passed by respondent No.1 whereby the representations dated 7.6. 2019, 10.6.2019 and 11.7.2019 were considered and rejected and final order dated 13.10.2020 (Annexure P/2) was passed forfeiting the pension of the petitioner permanently purportedly un
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 ....
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.
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.
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.
The duty of a teacher to impart education and moral values to students, and the seriousness of the petitioner's offences, justified the withdrawal of his pension under Rule 27 of the M.C.S. (Pension)....
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