Shri. Noharalal S/O Sheoprasad ... vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 9596 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  NAGPUR BENCH, NAGPUR.

                        WRIT PETITION NO.1600/2020
                    Shri Noharalal S/o Sheoprasad Shribhadre
                                           -Vs.-
                        The State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                 Court's or Judge's Orders.
or directions and Registrar's orders.
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                  Mr. S.K. Pardhy, Advocate for the petitioner.


                         CORAM : SUNIL B. SHUKRE
                                 AND G.A. SANAP, JJ.

DATE : 21.9.2022

Heard.

2. The question involved in this petition is - whether there is any power conferred upon the State Government under the Maharashtra Civil Services (Pension) Rules to withhold or withdraw the pension and other retiral benefits of the petitioner during pendency of a criminal proceeding and when no departmental proceedings have been initiated against the petitioner. In the opinion of the learned counsel for the petitioner, the answer has to be given in the negative because there is no such provision made in the Pension Rules applicable to the petitioner. He places reliance upon the judgment in the case of State of Jharkhand and others V/ s. Jitendra Kumar Srivastava and another reported in (2013) wp1600.2020.odt

12 SCC 210. However, since Mr. Dharmadhikari, learned Additional Government Pleader appearing for respondent Nos.1 to 3 is stated to be in difficulty, put up this matter on 26.9.2022.

(G.A. SANAP J.) (SUNIL B. SHUKRE J.)

Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:22.09.2022 11:02