Gupta, C.J. -- 1. The matter has been placed before this Bench in view of the reference made by the learned Single Judge of this Court doubting the correctness of an order passed by Single Bench of this Court in the case of Dau Ram Maheshwar v. State of M.P. and another, reported as [2017(1) MPLJ 640]. The learned Single Bench has framed the following questions :-

“(I) Whether a show cause notice/opportunity of hearing is required to be given to the Retired Government Servant who is convicted of a serious crime by the Court of law?

(II) Whether the view taken in Dau Ram Maheshwar’s case (supra), is correct in view of rule 8 of the Pension Rules?

2. The facts as are necessary for examining the question posed are that the Petitioner was convicted in a criminal case under section 7 of the Prevention of Corruption Act, 1988. The petitioner filed an appeal against his conviction which is pending before this Court, wherein there is order of suspension of sentence. The petitioner attained the age of superannuation on 31.12.2004 and was granted anticipatory pension on 31.3.2005 by the Collector. The entire pension has been withheld under rule 8 of the Civil Services (Pension) Ru