IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 6^th OF JANUARY, 2025 WRIT PETITION No. 24744 of 2021 ASHOK KUMAR JAIN Versus THE STATE OF MADHYA PRADESH AND OTHERS ............................................................................................................................................

Appearance:

Shri Uttam Maheshwari – Advocate for the petitioner.

Shri Aakash Malpani – Panel Lawyer for the respondents/State.

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O R D E R

Assailing the orders dated 19/11/2014 and 22/07/2021 passed by respondent No.2 and respondent No.1 respectively whereby complete retiral dues of the petitioner have not been paid to him, present petition has been filed.

2. It is the case of petitioner that the was initially appointed on the post of Assistant Food Inspector on 11/02/1980 and subsequently, he was promoted to the post of Food Inspector and Assistant Food Supply Officer. He finally stood retired from the post of Assistant Director (Food & Civil Supplies), Bhopal. He had served the institution since year 1980 to 2014. There were no adverse allegations against the petitioner except one allegation of corrupt practice. He had served the institution for more than 34 years, therefore entitled for payment of gratuity and pension in terms of Rules 59 and 63 of Madhya Pradesh Civil Services (Pension) Rules, 1976 (in short „Pension Rules, 1976‟). He filed an application for pension before the respondents along with Signature Not Verified Signed by: SHUBHANKAR covering letter dated 12/11/2014.

3. It is pointed out that on single allegation regarding corrupt practices adopted by the petitioner, Crime No.193/2014 was registered on 13/05/2014 by Lokayukta Sagar for offence under Sections 7, 13(1)(d), 13(2) of Prevention of Corruption Act, 1988. During the pendency of criminal case, petitioner stood retired. As the criminal case was pending against the petitioner, the provisional pension of the petitioner was finalized vide order dated 19/11/2014. Thereafter he was convicted by the Trial Court vide judgment dated 12/07/2018 passed in Special Case No.1300007/2014 and owing to the conviction of the petitioner vide order dated 22/07/2021, provisional pension payable to the petitioner was stopped on permanent basis under Rule 9(1) of Madhya Pradesh Civil Services (Pension) Rules, 1976.

4. It is argued that against the judgment of conviction, petitioner has preferred Criminal Appeal No.5274/2018, wherein vide order dated 06/10/2018, sentence awarded to the petitioner has been suspended. The Authorities without following the procedure as provided under Pension Rules, 1976 and without supplying the copy of recommendation of Madhya Pradesh Public Service Commission has passed the impugned order directing for stoppage of future amount of pension to be disbursed to the petitioner. It is pointed out that petitioner was only released 50% provisional pension and no amount towards gratuity was released to him. He submitted repeated representations before respondents No.1 & 2 but of no consequence. It is argued that retiral dues including pension is not a bounty and is a statutory right of the Government employee. Therefore, action taken by the Authorities is per se illegal. It is submitted that once the petitioner has attained the age of superannuation, it is only the Governor of the State who is having power Signature Not Verified Signed by: SHUBHANKAR to direct for stoppage of pension of the petitioner. The direction for stoppage of pension can only be issued after providing opportunity of hearing to the petitioner. Learned counsel for the petitioner has placed reliance on the order dated 03.08.2021 passed by Division Bench of this Court at Gwalior in the case of Radha Krishna Sharma Vs. State of M.P. and Ors. in Writ Appeal No.875/2020 wherein similar issue was considered by the