1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4014 OF 2010 (Shri R.K.Dubey .vs. Sr. Divisional Security Commissioner, Railway Protection Force and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr.M.W.Harsulkar, Adv. for petitioner. Mr.N.P.Lambat, Adv. for respondent nos. 1 to 3. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : AUGUST 29, 2011. Heard finally. Mr.N.P.Lambat, Adv. for respondent nos. 1 to 3 points out that, in pursuance of earlier order passed by this Court dt.21.7.2011, the respondents have deposited an amount of Rs.1,00,000/- with the Registry of this Court. Mr.M.W.Harsulkar, Adv. for petitioner states that there are no departmental proceedings pending against the petitioner and in the judicial proceedings, he is still not found guilty. Mr.N.P.Lambat, Adv. relies upon express language employed in Rule 9(1) of the Railway Service (Pension) Rules, 1993 to urge that the said proceedings permits Railways to withdraw either 2 pension or gratuity or both permanently or for a specific period. In view of this power, the pension of petitioner has been withheld. We find that the said Rule 9(1) permits such action only after the employee is found guilty either in departmental enquiry or judicial proceedings. Here no departmental enquiry is pending and in the judicial proceedings, as yet there is no verdict. Rule 9(1), therefore, has no application. Mr.Harsulkar, Adv. has contended that power to withhold is reserved by Hon'ble President. We do not wish to go into that controversy at this stage. However, perusal of Rule 9, sub-rule (3) shows that, in such a situation, the petitioner is entitled to provisional pension, as contemplated therein. We, therefore, direct the respondents to abide by the said Rule 9(3) of the Railway Service (Pension) Rules, 1993 and to work out provisional pension payable to the petitioner within a period of two months from today. The pension so worked out should be released to the petitioner from the month of November, 2011 regularly and till the result of the judicial proceedings. Arrears for the period after compulsory retirement of the petitioner till 1st November, 2011 shall be paid 3 within a period of six months from today. We permit the petitioner to withdraw the amount of Rs.1,00,000/- deposited by the respondents with the Registry of this Court. The said amount shall be adjusted towards arrears payable to the petitioner as mentioned above. The Writ Petition is, thus, partly allowed. In the circumstances of the case, there shall be no order as to costs. JUDGE JUDGE jais