situation when any pensioner is convicted of a serious
crime by a Court of law then pension can be withhold or withdraw permanently
Signature ... well settled that payment of pension to a
pensioner is regulated by the provisions of M.P. Civil
Services (Pension) Rules, 1976, and that
situation when any pensioner is convicted of a serious
crime by a Court of law then pension can be withhold or withdraw permanently
Signature ... well settled that payment of pension to a
pensioner is regulated by the provisions of M.P. Civil
Services (Pension) Rules, 1976, and that
part of pension is
withheld or withdrawn, the amount of such pension shall
not be reduced below [the minimum pension as
determined by the Government ... pension so sanctioned subject however
that the pension payable after such withholding is not
reduced to less than [the minimum pension as determined
reproduced below :
"9. Right of governor to withhold or withdraw
pension.- (1) The Governor reserves to himself the
right of withholding or withdrawing ... pension so sanctioned
subject however that the pension payable after such
withholding is not reduced to less than [the minimum
pension as determined
Civil Services (Pension) Rules, 1976 (hereinafter
referred to as 'the Pension Rules of 1976') was passed by the
authorities for withdrawing the pension ... part of pension is
withheld or withdrawn, the amount of such pension shall
not be reduced below [the minimum pension as
determined by the Government
Pension Rules or 1976, in
cases of withdrawal of pension or part
thereof on account of conviction in a
criminal case?"
The Larger Bench ... because the core question involved in the present case is
whether withdrawal of pension due to conviction of an
employee requires prior opportunity of hearing
Rule 9 of the Pension Rules, 1976, the
order of withdrawing the pension can be passed by the Governor only.
In view of the reply ... there is no order passed by the Competent Authority for
withdrawing the pension of the petitioner. The respondents are also directed
to file additional submissions
petitioner, in which he was held guilty and punishment of
withdrawing 15% pension for a period of three years has been
inflicted. Although separate order
Government
13
Commercial Tax Department has punished Rajeev Jain withdrawing 5%
pension for two years. It is also alleged that the complainant/Brijesh
Bamne ... dated 02.12.2022 has also punished with the penalty
23
of withdrawing of 5% pension of Rajeev Jain for two years on various
charges. Despite that
Government
13
Commercial Tax Department has punished Rajeev Jain withdrawing 5%
pension for two years. It is also alleged that the complainant/Brijesh
Bamne ... dated 02.12.2022 has also punished with the penalty
23
of withdrawing of 5% pension of Rajeev Jain for two years on various
charges. Despite that
