The point that arises for consideration is whether a Government servant who retired while a criminal case was pending is entitled to pensionary benefits on acquittal, despite the Government having preferred an appeal against such acquittal, and the same is pending before the Court. This point arises in the context of Rule 3 of Part III, Kerala Service Rules (KSR).

Brief facts involved in this case are as follows:

2. The respondent, who was the applicant before the Tribunal, retired from the service of the Water Resources Department on 31/05/2020 as Chief Engineer. The respondent was granted only a provisional pension under Rule 3A(a) of Part III, KSR due to the pendency of criminal proceedings. At the time of retirement, an appeal was pending before the High Court against the judgment, dated 17/10/2018, of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur, acquitting the respondent. The prosecution alleged that the respondent, along with the other accused, misappropriated Rs. 86,558.55/- by committing forgery and making false entries in the ‘M’ book. It was categorically found by the Vigilance Court that the prosecution failed to prove that the respondent, along with