CW 8186/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8186/2007 GD Mathur Versus Central Bank of India & (2) Ors. Date of Order ::: 18/09/08 Hon'ble Mr. Justice Ajay Rastogi Mr. CP Sharma, for petitioner Mr. R.K.Kala ) Mr. Rupin Kala ), for respondent Bank Instant petition has been filed seeking terminal benefits to which petitioner is entitled for under Central Bank of India (Employees) Pension Regulations, 1995 (“Pension Regulations”) on his retirement from serviceon 31/01/07. It has come on record that petitioner is facing criminal trial in FIR dt.29/01/05 registered under Prevention of Corruption Act, 1988 pendente before competent court of jurisdiction. Counsel for petitioner submits that even pendente judicial proceedings against him, still in terms of Reg.46 of Pension Regulations, he is entitled for provisional pension equal to maximum pension admissible – that too has not been paid which has caused prejudice to him. Per contra, Counsel for respondent Bank submits that since judicial proceedings are instituted and pending adjudication before competent court of jurisdiction, petitioner is CW 8186/07 //2// not entitled to gratuity and other terminal benefits as claimed in instant petition. Under Chapter IX Pension Regulations, Reg.43 contemplates about withholding or withdrawal of pension – as per which competent authority by order in writing, can withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if pensioner is convicted of a serious crime or criminal breach of trust or forgery or acting fraudulently or is found guilty of grave misconduct. But at the same time, even in cases, where departmental or judicial proceedings are instituted and pending against delinquent, U/Reg.46 of Pension Regulations, he is certainly entitled for provisional pension which has arbitrarily been denied to petitioner. Consequently, writ petition succeeds and is partly allowed to the extent that pendente judicial proceedings, respondents are directed to release provisional pension U/Reg.46 of Pension Regulations to petitioner from the date of his retirement; and arrears be computed and paid to him within two months. No costs. (Ajay Rastogi), J. K.Khatri/p2/8186CW07-1809All.doc