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Court Upholds Pension Withdrawal for Convicted Inspector

Background

In a significant ruling, the High Court of Madhya Pradesh addressed the case of a former Inspector in the office of Registrar Firms and Societies, who had his pension permanently withdrawn following a conviction under the Prevention of Corruption Act. The petitioner, who retired in 2004, was convicted in 2006 and subsequently faced the withdrawal of his pension by the State Government.

Arguments

The petitioner challenged the order dated February 22, 2019, claiming it was invalid as it was not issued personally by the Governor, but rather by the Executive Government. He argued that according to the M.P. Civil Services Pension Rules, only the Governor has the authority to withdraw pension. The State, on the other hand, defended the order, asserting that the withdrawal was valid under the Rules of Business of the Executive Government, which allows such actions to be taken by the Council of Ministers.

Court's Analysis and Reasoning

The court analyzed the legal framework surrounding the withdrawal of pensions, particularly focusing on the M.P. Civil Services Pension Rules. It noted that while Rule 9 reserves the right for the Governor to withdraw pensions, Rule 8 allows for such actions to be taken by the competent authority, which can include the Council of Ministers. The court referenced previous judgments that clarified the nature of executive powers and concluded that the order did not require personal approval from the Governor.

Decision

Ultimately, the court dismissed the petition, affirming the legality of the pension withdrawal order. The ruling underscores the authority of the Council of Ministers in executing decisions related to public service pensions, even in cases involving serious criminal convictions. The petitioner retains the right to renew his request for pension reinstatement if he is acquitted in his pending appeal.