Summary:
The Bombay High Court has dismissed a petition filed by a former Physical Education (PE) teacher of a college, seeking pension as he was found guilty for charges of grave misconduct involving moral turpitude. No doubt pension is a right of the petitioner, but the same is governed by service rules." The bench relied on the Maharashtra Civil services (pension) rules, which states that the government has a power to withhold permanently a pension, if the pensioner is found guilty of grave misconduct. Subject to the provisions of Rules 26 and 27, departmental proceedings can be held even against a retired employee and if held guilty of grave misconduct, his pension can be forfeited. In the year 1995, he was charged of molesting a girl and placed under suspension..