The High Court Of Madhya Pradesh

The High Court Of Madhya Pradesh

WP No. 6698 of 2020

(RAMSEWAK NARWARIA Vs FOREST DEPARTMENT AND OTHERS)

Indore, Dated : 11-01-2022

Heard through Video Conferencing.

Shri Neeraj Bharti, learned counsel for the petitioner.

Shri Sanjay Karanjewala, learned counsel for the respondent/State.

Heard.

By this petition preferred under Article 226 of the Constitution of India,

the petitioner has prayed for grant of pension and gratuity to him and to direct

the respondents to continue to do the same.

02. As per the petitioner, he was appointed in Forest Department,

Dewas on the post of Forest Ranger on 07.02.1978. He was charged and was

convicted under Section 13(1) and 13(2) of the Prevention of Corruption Act

by the Special Judge, District Indore vide judgment dated 29.05.2009. Against

the said judgment, petitioner has preferred Criminal Appeal No..627/2009

before this Court which is still pending adjudication. At the time of the

incident, petitioner was posted at Gandhi Nagar, Mandsaur and was

suspended by order dated 25.02.2005 passed by the Chief Conservator of

Forest, Khandwa/respondent No.3 on the basis of registration of criminal

case against him and was eventually dismissed from service on 16.09.2009.

03. The contention of learned counsel for the petitioner is that gratuity

and pension are not being paid to the petitioner though they are his right and

are in the nature of his property. The same cannot be taken away from him

pending departmental or criminal proceedings. The action of respondents in

withholding payment of pension and gratuity to the petitioner and in not

paying the same to him are in violation of provisions of Article 31(1) and

Article 300-A of the Constitution of India. It is further submitted that by a

notice dated 22.04.2019 to all respondents the petitioner prayed for release of

pension and gratuity to him but no reply to the same has been given till now.

0 4 . Reply has been filed by the respondents in which they have

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Digitally signed by JYOTI

CHOURASIA

Date: 2022.01.14 10:59:00 IST

SAN

Signature Not Verified

(PRANAY VERMA)

JUDGE

submitted that proceedings under the Prevention of Corruption Act were

initiated against the petitioner pursuant to which he was firstly suspended and

thereafter by order dated 16.09.2009, was dismissed from service. In criminal

case, petitioner has been convicted and his appeal against the same is pending

before this Court. It is submitted that as the petitioner has been dismissed

from service, which order has not been challenged by him, he is not entitled

for release of pension and gratuity in his favour.

05. I have heard learned counsel for the parties and have perused the

record. It is seen that upon registration of criminal case against the petitioner

he was firstly suspended by order dated 25.02.2005 and was eventually

dismissed from service by order dated 16.09.2009 passed by respondent

No.2. The petitioner has been convicted for offences punishable under

Section 13(1) and 13 (2) of the Prevention and Corruption Act. 1988 by the

Special Judge in Special Case No.03/2005. Though the petitioner has

preferred Criminal Appeal No.627/2009 before this Court against the said

conviction, but therein only the sentence awarded to the petitioner has been

stayed and conviction has not been stayed. Nothing has been brought on

record by the petitioner to suggest that he has challenged his dismissal order

dated 16.09.2009 in any manner.

06. Thus in view of conviction of the petitioner in the criminal case

instituted against him and his dismissal from service on account of such

conviction which dismissal has not been challenged by him, it cannot be held

that the respondents have committed any illegality in withholding the pension

and gratuity of the petitioner. Thus no case is made out from grant of any

relief to the petitioner in this petition , which is accordingly dismissed.

jyoti

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Digitally signed by JYOTI

CHOURASIA

Date: 2022.01.14 10:59:00 IST