JUDGMENT : Krishna Iyer, J. The petitioner, an Army Officer, had put in about 27 years of service, but on the eve of his retirement was posted as Camp Commandant of the N.C.C. Camp. During this last leg of his career, he was charged with misappropriation and making of false complaints against his superior officers. A general Court Martial, acting under the Army Act, tried him and imposed a punishment under section 71(d) of the Army Act, 1950. He was cashiered. No further penalty was imposed under section 71 clause (h). These are agreed facts. The petitioner applied for his pension and gratuity, which come to a substantial sum, as early as 1971. No reply was forthcoming and no payment either. So he filed the present writ petition to compel the Government to pay him what is due by way of gratuity and pension. This was his property and could not be taken away except by due process of law. The only provision of law pointed out to us by counsel on either side is section 16(a) of the Pension Regulations, 1961 (for the Army). It is found from the records that there is no order passed under the said Regulation nor is it the case of the Union of India in their return that any such order depriving the petitioner wholly or partly of his pension or gratuity has been made by the President. The inevitable consequence is that he is entitled to be paid the entire pension and gratuity under the rules. We direct the respondent to pay the said sum within three months from today. Accordingly, we allow the writ petition with costs. Petition allowed.