JUDGMENT : SANJEEV PRAKASH SHARMA, J. 1. Admittedly, the petitioner has attained superannuation on 31.8.2014. Factual aspects which are un-controverted are that a criminal case under Prevention of Corruption Act was registered against him and he was placed under suspension on 21.6.2012. Charge sheet has already been filed and trial is going on relating to the aforesaid case before the Competent Court. The petitioner claims that while he has been granted provisional pension and his gratuity has been withheld, his earned leave benefits could not have been withheld as there is no dues i.e. recoverable from him and it is stated in light of Rule 91B(7) the encashment of privilege leave amount can only be withheld after retirement when some money is recoverable by the Government. 2. Learned counsel also submits that he should be granted the arrears of fixation of salary after granting him grade increments for the period after he had remained under suspension i.e. between 21.6.2012 upto retirement i.e. 31.8.2014. 3. Learned counsel for the respondents submits that in terms of the Rule, no other payment accept provisional pension is admissible to a retired government servant who is under could i.e. against him there is either departmental enquiry pending or judicial proceedings are pending. 4. Having heard both the counsel, this Court finds Rule 91B (7) of the Rajasthan Civil Services Rules reads as under:- "Rules Rule 91(B). Cash payment in lieu of unutilised privilege leave on the date of retirement: 7. The authority competent to grant leave may withhold whole or part of cash equivalent of privilege leave in case of a Government servant who retired from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of the Government dues if any." 5. A look at Rule 91B(7) does to show that the authority which is competent to grant leave also as an absolute power to withhold whole or part of the cash equivalent of privilege leave while the said government servant is under suspension or while disciplinary or criminal proceedings are pending, attaining age of retirement. A look at Rule 91B(7) does to show that the authority which is competent to grant leave also as an absolute power to withhold whole or part of the cash equivalent of privilege leave while the said government servant is under suspension or while disciplinary or criminal proceedings are pending, attaining age of retirement. It is also noted that if such authority considered that there is some money recoverable from the said employee on conclusion of proceedings, they may adjust the said dues from withheld amount. The condition in the rule relating to adjustment of recoverable amount dos not govern the main part of the rule giving authority to the concerned to withhold whole or part for the leave encasement. Thus, both part apply simultaneously as well as separately. 6. In view of Rule 91B(7) as above and reading it along with Rule 90 of the Pension Rules of 1996, the submission of the government counsel holds that only provisional pension can be released to government servant who has attained superannuation during the pendency of the departmental enquiry or judicial proceedings being undertaken against him as defines under Rule 7 of the Pension Rules of 1996. 7. Accordingly, it is held so. The petitioner would be only entitled to receive provisional pension of the payment of encashment of leave and gratuity was completely depend upon the ultimate decision in the judicial proceedings. Upon culmination of the judicial proceedings, the petitioner may accordingly put up him claim which shall depend as per the result of Departmental Enquiry or Judicial Proceedings. 8. Accordingly, the writ petition is dismissed. No costs.