Naresh Kumar Dubey vs The State Of Madhya Pradesh
2025 Latest Caselaw 11063 MP

Madhya Pradesh High Court

Naresh Kumar Dubey vs The State Of Madhya Pradesh on 12 November, 2025

          NEUTRAL CITATION NO. 2025:MPHC-JBP:57099




                                                              1                               WP-5561-2018
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                             HON'BLE SHRI JUSTICE DEEPAK KHOT
                                                ON THE 12th OF NOVEMBER, 2025
                                                 WRIT PETITION No. 5561 of 2018
                                                NARESH KUMAR DUBEY
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   None appeared for petitioner.

                                   Shri Anshuman Swamy - Government Advocate for the
                           respondents/State.

                                                                  ORDER

The petitioner has filed the present petition for the following relief:

(i) Issue an appropriate writ directing Respondents to release the arrears of pension and other monetary benefits forthwith and to quash the impugned order dated 05.02.2018 (Annexure P/5).

(ii) Any other relief which this Hon'ble Court deems fit and expedient under the circumstances may also be granted in the interest of justice.

From perusal of the record, it is evident that earlier the petitioner had filed WP No. 20006/2017 for redressal of his grievances submitted through

representation, which was disposed of vide order dated 29.11.2017 (Annexure P/4) with the direction to decide the petitioner's representation (Annexure P/3). The said representation was decided vide order dated 05.02.2018, wherein it is observed by the authority that the service of the petitioner has been terminated vide order dated 28.12.2011 due to his conviction in Special Case No. 1/2009 under Section 7, 13(1)(d) read with

NEUTRAL CITATION NO. 2025:MPHC-JBP:57099

2 WP-5561-2018 Section 13(2) of the Prevention of Corruption Act vide judgment dated 28.09.2011.

From the record and the pleadings, it is clear that the petitioner had never challenged the order of punishment and it has attained finality. Thus, in the light of Rule 24 of the Civil Services (Pension) Rules, 1976, the past services of the petitioner have been forfeited and consequently, as per Rule 38 of the Rules, 1976, the petitioner is not entitled for any pensionary benefits. Accordingly, this Court does not find any infirmity in the order dated 05.02.2018 (Annexure P/5) and equity in favour of the petitioner for grant of pensionary benefits. Thus, the petition fails and is hereby dismissed.

(DEEPAK KHOT) JUDGE

RAGHVENDRA