ORDER :

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :

i) The Hon’ble court may be pleased to allow the petition and direct the respondents to grant provisional pension/living encashment to the petitioner till today because he has not been dismissed from the service.

ii) That, the Hon’ble court may be pleased to direct respondent not to dismissed from the service till the pendency of the case or any other order in favour of the petitioner.

2. It is submitted by counsel for the petitioner that the petitioner was caught red handed and accordingly an offence under section 7 and 13(1)(d)(i) read with section 13(2) of the Prevention of Corruption Act was registered and by judgment dated 16.3.2022 passed by the Special judge (P.C. Act) Rewa in Special Case (Lok) No.5/2019, he has been convicted and sentenced to undergo imprisonment of four years with fine of Rs.2,000/-. It is submitted that now the respondents have stopped making payment of provisional pension and they have also not released the leave encashment. It is further submitted that the petitioner has preferred an appeal which has been registered as Criminal Appeal No.