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Madhya Pradesh High Court · body

2018 DIGILAW 900 (MP)

Gauri Shankar Soni v. State of M. P.

2018-10-23

NANDITA DUDEY

body2018
ORDER 1. The petitioner has challenged the Order (Annexure P-1) dated 20.8.2018 passed by Collector, Tikamgarh/respondent No. 2 on the ground that his pension has been stopped without giving him any opportunity of hearing. 2. It is submitted by learned counsel for the petitioner that after retirement of the petitioner from the post of Assistant Grade-II with effect from 31.7.2015, the provisional pension was sanctioned to him, however, he was subsequently convicted in a criminal case vide judgment dated 9.6.2018 passed in Special Sessions Case No. 4/2016, and on the basis of said conviction, the Collector has passed the impugned order whereby his pension was withheld. It is submitted that the impugned order is passed in violation of principle of natural justice as well as against the law laid down by a Full Bench of this Court in Ram Sewak Mishra v. State of M.P. and another, reported in 2017 (3) JLJ 177 (FB)= 2017 (4) MPLJ 428 , and prayed that the same may be quashed. 3. Learned Govt. Advocate appearing for the State has not disputed the proposition laid down by the Full Bench of this Court. 4. Considering that the impugned order has been passed without giving any opportunity of hearing to the petitioner, this petition is disposed of in the following terms : "(i) That, the impugned order (Annexure P-1) dated 20.8.2018 is hereby set aside' (ii) That, the respondents are given a liberty to pass a fresh order after giving an opportunity of hearing to the petitioner within a period of 45 days from the date of receipt/production of the certified copy of the order passed today." 5. With the aforesaid directions, this petition stands disposed of.