R.R. Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 6744 MP

                                                          1                              WP-25763-2018
                              The High Court Of Madhya Pradesh
                                         WP-25763-2018
                                  (R.R. CHOUDHARY Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 23-10-2021
                            Heard through Video Conferencing.

                            Shri Vivek Baderiya, learned counsel for the petitioner.
                            Shri V. S. Choudhary, learned Panel Lawyer for the State.
                            Petitioner has filed this petition making a prayer for quashing of the
                      order dated 18.5.2018 by which representation preferred by the petitioner was

                      dismissed and his pension was not released. Only provisional pension has
                      been granted to petitioner under Section 64 of the Pension Rules, 1976.
                      Petitioner preferred representation for paying him full pension but said
                      representation has been rejected.
                            Counsel for the petitioner submitted that petitioner has been convicted
                      in a criminal case filed under Section 138 of the Negotiable Instruments Act.
                      It is submitted by him that same was a private dispute of petitioner. Case
                      which was pending against petitioner has nothing to do with State
                      Government. No loss or damage has been caused to the State, therefore,

                      State Government cannot stop his pension because a case under Section 138
                      of the Negotiable instruments Act against petitioner is pending.
                            Learned Panel Lawyer for the State submitted that reply has already
                      been filed. He submitted that pension of petitioner is withheld as criminal
                      case is pending against him. In the criminal case, he has been convicted and
                      criminal revision filed by the petitioner is pending before the criminal Court.
                            Heard learned counsel for the parties.
                            State Government can recover the government dues from gratuity of a
                      person in accordance with the Rule 65 of the M.P. Civil Services (Pension)
                      Rules, 1976. Case under Section 138 of the Negotiable Instruments Act is a
                      quasi criminal and quasi civil proceedings. State Government can withhold or
                      withdraw part of pension for pecuniary loss caused to State Government. In
Signature Not
 SAN
Verified              this case no loss is caused to State Government. Any compensation or fine
Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2021.10.26
11:36:18 IST
                                                         2                              WP-25763-2018
                      which will be imposed upon the petitioner will be recovered from him by the
                      Criminal Court in accordance with the judgment passed by the Court. State
                      Government cannot recover the said amount from petitioner on behalf of
                      other private person. Since State Government cannot recover the amount
                      from pensionary dues of petitioner, therefore, there is no reasoning in not

                      making full payment of pension to petitioner.
                            In view of same writ petition filed by the petitioner is allowed.
                            Respondent is directed to pay full pensionary benefits to the petitioner.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature SAN Not Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.10.26 11:36:18 IST