1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5200/2006 (Shri Sanjay Pralhad Jadhav vs. Union of India and others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: D.D. SINH A & Smt. V.A.NAIK , JJ. DATED: 21st January, 2008. *** Heard Mr. M.W.Harsulkar, learned counsel for petitioner and Shri Girish Choube, for respondent. 2. Writ Petition is directed against the order dated 2nd June, 2006 passed by the Senior Record Officer Officer, for Officer-in-Charge Records whereby the petitioner was informed that since he was dismissed from service, he is not entitled for grant of service pension. 3. Considered the contentions canvassed by the respective counsel. 4. Learned counsel for the respondents brought to our notice that the petitioner was convicted and sentenced in a Court martial proceedings for offence of theft and, therefore, in view of the provisions of paragraph 113A of the Pension Regulations Part 1961, the petitioner was not eligible for grant of pension and 2 gratuity. Since the petitioner was involved in serious offence of theft, his case was also not recommended by the Competent Authority who, in exceptional circumstances, is entitled to consider this aspect, if the person is otherwise qualified. The counsel for the petitioner has not placed before us anything to show that paragraph 113A of the Pension Regulations art 1961 does not grant such a discretion to the respondents to reject the claim of the petitioner for grant of pension nor any other rule which enables the petitioner to get the pension. In the absence thereof, it is difficult for us to accept the contention of the petitioner and for the reasons stated above, the law laid down by the Apex Court in the case of Major G.S. Sodhi vs. Union of India; reported in ( 1991) 2 SCC 371 as well as in the facts and circumstances of the present case, is of no help to the petitioner. In view of the above, Petition is dismissed. JUDGE JUDGE sahare