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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Gulab Chand Jangde – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge to pension withdrawal due to conviction (Para 1 , 2) |
| 2. arguments for necessity of hearing before pension withdrawal (Para 3 , 4 , 5 , 6 , 7) |
| 3. state’s position on conviction and pension withholding (Para 8 , 9 , 10 , 11 , 12) |
| 4. distinction between sentencing considerations and conviction proof (Para 14 , 15 , 16 , 17) |
| 5. seriousness of offences and discretion in pension withholding (Para 18 , 19 , 20 , 21) |
| 6. criminal appeal does not allow pension benefits (Para 22 , 23) |
| 7. petition dismissal and potential for pension restoration upon acquittal (Para 25 , 26) |
ORDER :
1. The petitioner by way of this petition has challenged the order Annex.P/4 dated 10/10/2022, whereby the pension of the petitioner has been permanently withheld in terms of Rule 8(1)(b) of the M.P. Civil Services (Pension) Rules (for short referred to as ‘Pension Rules’) on account of his conviction for offences under Sections 7 and 13(1)(d) read with Section 13 (2) of Prevention of Corruption Act 1988.
2. The counsel for the petitioner submits that the petitioner was working on the post of Reader (Assistant Grade-II) in the office of Collector District Seoni. On allegation that he demanded a
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.
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 ....
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 main legal point established in the judgment is that recovery from pension cannot exceed one-third of the pension originally sanctioned and the pension of a person guilty of grave misconduct cann....
The main legal point established in the judgment is the requirement for authorities to provide an opportunity of hearing to a retired government servant convicted by a criminal court before deciding ....
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....
Pension withholding limited to 1/3rd upon conviction for serious crime under Rule 2.2(a) PCS Rules, pending appeal.
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