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. A division bench of Justice S C Dharmadhikari and Justice M S Karnik while rejecting the plea filed by one Kulkarni Shashikant Bhavani said "If the college has rejected the claim of the petitioner for pension on the ground that he is removed from service on account of proved charge of grave misconduct, we do not find the action of the college is contrary to the rules or in any manner arbitrary. No doubt pension is a right of the petitioner, but the same is governed by service rules." The petitioner had argued that the order of removal cannot have an effect of wiping away the benefits of past services rendered by him and his right to claim pension and retiral dues. Bhavani was appointed by the Wadala based college in 1989. In the year 1995, he was charged of molesting a girl and placed under suspension. In the year 2000, he was acquitted.The college which started its internal inquiry issued a charge sheet to the petitioner and held him guilt and terminated his service. The college opposed the petition saying that he had only 5 years and eight months of actual service; therefore he does not complete 20 years of service to qualify for pension. 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. After going through the details, the bench said, "It is not possible to fathom a situation where an employee is held eligible for pension though he is removed from service due to misconduct of a serious nature before attaining the age of superannuation or on completion of pensionable service." CASE DETAIL

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