Back
RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
Santosh Kumar Seetha – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
This intra Court appeal is filed being aggrieved by the order dated 01.09.2015 (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 IPC vide judgment of conviction and sentence dated 29.07.2011 in Special Case No.04 of 2005 (State of M.P. 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 26.05.2011 in exercise of power vested under Rule 9 of M.P. Civil Services (Pension) Rules 1976 (hereinafter referred to as “the Rules of 1976”) withheld the pension of the appellant on account of his conviction and sentence.
4. The app
The principles of natural justice are excluded and have no application to cases falling under Rule 8(2) of the M.P. Civil Services (Pension) Rules 1976, and no notice or prior opportunity of represen....
The exclusion of the principles of natural justice in cases of pension withholding for pensioners convicted in criminal cases under Rule 8(2) of the Madhya Pradesh Civil Services (Pension) Rules 1976....
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.
Withdrawal of pension under the Prevention of Corruption Act post-conviction is permissible without a prior hearing; automatic stoppage of 100% pension for serious crimes is justified under law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
