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wp3015.02.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.3015 of 2002
Shri Jagoba s/o Balaji Raut,
Aged about 64 years,
Occupation - Retired Tahsildar,
R/o Near Hanuman Temple,
Shiv Nagar, Wardha.
Legal heirs of Petitioner :
1. Smt. Sheela Jagobaji Raut,
Aged about 69 years,
Occupation - Housewife,
R/o Ward No.39,
Near Hanuman Mandir,
Shiv Nagar, Wardha.
2. Shri Dnyneshwar s/o Jagobaji Raut,
Aged about 49 years,
Occupation - Service,
R/o Ward No.39,
Near Hanuman Mandir,
Shiv Nagar, Wardha.
3. Shri Sudhir s/o Jagobaji Raut,
Aged about 45 years,
Occupation - Service,
R/o Ward No.39,
Near Hanuman Mandir,
Shiv Nagar, Wardha.
4. Shri Sunil s/o Jagobaji Raut,
Aged about 43 years,
Occupation - Service,
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wp3015.02.odt
R/o Ward No.39,
Near Hanuman Mandir,
Shiv Nagar, Wardha.
5. Shri Rajendra s/o Jagobaji Raut,
Aged about 40 years,
Occupation - Service,
R/o Ward No.39,
Near Hanuman Mandir,
Shiv Nagar, Wardha. ... Petitioner
Versus
The Collector,
Office of the Collector,
Wardha. ... Respondent
None for Petitioner.
Shri V.P. Maldhure, Assistant Government Pleader for
Respondent.
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
th Dated : 29 June, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. This petition seeks a direction to the respondent to pay the arrears of pension and to continue to pay the same to the petitioner regularly every month. It also seeks a direction to the ::: Uploaded on - 03/07/2017 ::: Downloaded on - 04/07/2017 00:35:21 ::: 3 wp3015.02.odt respondent to pay the compensation of Rs.3,00,000/- with interest on the amount of arrears of pension and the compensation.
2. The petitioner was convicted for the offences under the Prevention of Corruption Act on 9-8-1999 in Special Case No.5/92 by the Special Court at Wardha. The petitioner attained the age of superannuation while he was under suspension pending prosecution as well as departmental enquiry. The petitioner was paid the provisional pension up to 31-7-1999 and upon conviction being recorded by the Special Court on 9-8-
1999, the provisional pension was stopped.
3. The petitioner preferred the statutory appeal against the order of conviction before this Court and it was dismissed as abated on 15-2-2016.
4. Though the legal representatives of the petitioner were brought on record, we think it proper to reproduce the order ::: Uploaded on - 03/07/2017 ::: Downloaded on - 04/07/2017 00:35:21 ::: 4 wp3015.02.odt passed by this Court on 24-3-2003 while admitting the petition, as under :
" Heard.
Rule.
On interim relief, our attention has been drawn by the learned counsel for the petitioner to Rule 130 of the Maharashtra Civil Services (Pension) Rules, 1982 and the learned Assistant Government Pleader relies upon Rule 27 of the said rules.
Rule 130 of the Maharashtra Civil Services (Pension) Rules, 1982, deals with the cases of provisional pension where departmental or judicial proceedings may be pending and Rule 27 of the Rules deals with right of Government to withhold or withdraw pension if in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service. Admittedly, the petitioner has been held guilty of accepting bribe under the Anti Corruption Act. The learned advocate for the petitioner says that the appeal is pending where the sentence imposed is stayed but conviction has not been stayed.
In this view of the matter, we are not inclined to continue the ad interim relief granted on 11.2.2003. The ::: Uploaded on - 03/07/2017 ::: Downloaded on - 04/07/2017 00:35:21 ::: 5 wp3015.02.odt petitioner shall, however, be at liberty to apply for pension in case the petitioner succeeds in the appeal."
5. In view of the fact that the appeal filed against conviction stood abated, the order of conviction passed by the Special Court survives, as a result of which the petitioner or his legal representatives are not entitled to any relief in this petition.
6. The petition is dismissed. Rule stands discharged. No order as to costs.
JUDGE. JUDGE.
Lanjewar
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