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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Sheela Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petitions filed by widows of convicted employees (Para 1 , 2 , 3) |
| 2. argument for opportunity of hearing before pension withdrawal (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's examination of hearing requirements under law (Para 11 , 12 , 13) |
| 4. observation on nature of pension withdrawal standards (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. seriousness of bribery in pension withdrawal cases (Para 21 , 22 , 23) |
| 6. criminal appeal not equating to trial continuation (Para 24 , 25 , 26) |
| 7. conclusion and order for dismissal of petitions (Para 27 , 28) |
ORDER :
1. The present matters have been filed by the widows of deceased employees, who expired after suffering conviction under Prevention of Corruption Act 1988, and criminal appeal against conviction are pending.
2. In W.P. No.18426/2022, the pension stoppage order is Annexure P-1 dated 21.06.2005, whereby the pension has been stopped payable to deceased husband of the petitioner upon being convicted for offence under Sections 13 (1)(d) and 13(2) of Prevention of Corruption Act and sentence to five years R.I. with fine and default stipulations as well as under Sections 466 and 120-BI.P.C. He expired during pendency of Cri
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.
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.
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 ....
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
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....
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