Rajasthan High Court
Ramjilal Jangid S/O Shri Late Shri ... vs Rajasthan State Road Transport ... on 19 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2709/2020
Ramjilal Jangid S/o Late Shri Shri Soni Lal, Aged About 79 Years,
R/o S-2, Cinema Scheme, Janta Colony, Adarsh Nagar, Jaipur
(Raj.)
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Chairman Cum Managing Director, Head Office, Parivahan
Marg, Jaipur.
2. The Executive Director (Traffic), Rsrtc, Head Office,
Parivahan Marg, Jaipur.
3. The Chief Manager, Rsrtc, Jaipur, Depot.
----Respondents
For Petitioner(s) : Mr. Anshuman Saxena
For Respondent(s) : Mr. Alok Chaturvedi
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
19/01/2021
The matter comes up on an application for vacating the
interim order passed by this court dated 02.03.2020.
Learned counsel for the respondents submits that in terms of
Regulation 4 of the Pension Regulation 1989 the future pension
could be stopped if a person convicted in the criminal case and
has quoted Regulation 4 for perusal of the court.
I have considered the submissions.
Regulation 4 of the Pension Regulation 1989 reads as
under:-
"Good conduct and condition for the grant of Pension.
1) Future good conduct shall be an implied condition of every
grant of pension. The Pension sanctioning authority may, by an
(2 of 2) [CW-2709/2020]
order in writing, withhold/withdraw a pension or part thereof
where permanently or for a specified period if the pensioner is
convicted of a serious crime or is found guilty of grave mis-
conduct. Provided that no order shall be passed under this clause
by an authority subordinate to the authority competent to make
an appointment to the post hold by the pensioner immediately
before his retirement from his service.
2) There is a pensioner is convicted of a serious crime by a Court
of law, action under clause (10) shall be taken in the light of
judgment of the Court relating to such conviction------------"
From the perusal of the aforesaid, it is apparent that the
Pension Sanctioning Authority is competent to make appointment
on the post alone can withhold the pension.
From the perusal of the writ petition, it is seen that the
specific ground has been taken by the petitioner that the order
has not been passed by the Competent Authority. It is noticed that
the order has been passed on the instant of the I.G. (ACB) and
there is no independent application of mind by the appointing
authority nor it can be said that the Chief Manager RSRTC Jaipur is
the appointing authority for the post of Office Assistant.
In view thereof, no case for vacating the interim order is
made out and order passed by this court dated 2.3.2020 is made
absolute and the application for vacation is dismissed.
The writ petition is Admitted.
No need to issue fresh notice since the respondents are
already present.
(SANJEEV PRAKASH SHARMA),J
ashu /45
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