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competition

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shivani shorthand typing center jiwaji ganj Morena(M.P.) Mob. No. :-8871426000

created Oct 22nd 2021, 03:31 by shivi academy


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This petition, under Article 226, of the Constitution of India
has been filed being aggrieved of the order dated 17/12/2015
(Annexure P/1) passed by respondent no.3, whereby services of the
petitioner have been terminated on account of conviction in
Criminal Case No. 07/2013 vide judgment dated 27/5/2015 for the
offences punishable under sections 7, 13(1)(d) and 13(2) of the
Prevention of Corruption Act, 1988 and 120B of the IPC and
sentence of 1 year's R.I. with fine of Rs.1000/- with default
stipulation for each offence. Subsequently, vide judgment dated 27/5/2015 (Supra),
petitioner was convicted for the offences punishable under sections
7, 13(1)(d) and 13(2) of the Act of 1988 read with S.120B of the
IPC and sentenced, as indicated above. Being aggrieved, petitioner
filed an appeal before the Indore Bench of this Court, which was  registered as Cr.A. No.696/2015. The same is still pending adjudication and vide order dated 15/6/2015, custodial sentences of
the petitioner have been suspended. During pendency of the aforesaid criminal appeal,
vide order dated 17/12/2015 (Annexure P/1), services of the
petitioner have been dismissed withholding his retiral dues,
assailing which, this petition has been filed. Learned counsel for the petitioner submitted that the entire
action of the respondents in dismissing the services of the
petitioner after his superannuation and withholding of retiral dues
is illegal and arbitrary. It is submitted that Rule 9(1) of the M.P.
Civil Services (Pension) Rules, 1976 (for brevity “the Rules of
1976”) empowers and gives right only to His Excellency the
Governor to withhold and withdraw the pension permanently. No
order with regard to dismissal can be passed under the Rules of
1976. It is further submitted that since the petitioner
superannuated on 31/10/2015, by no stretch of imagination his
services could have been terminated vide order dated 17/12/2015
(Annexure P/1), much less under the Rules of 1976.

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