The said judgment was challenged by the State of
Maharashtra before the Supreme Court. Rule 27 of the Maharashtra
Civil Services (Pension) Rules 1982 is a pari materia provision with
Rule 7 of the OCS (Pension) Rules, 1992. On interpretation, it is held
by the Supreme Court that, those provisions of the Pension Rules is only meant for the purpose of granting, withholding or withdrawing the pension and it‟s operation would be in the limited field and cannot supersede the period of limitation prescribed under the Cr.P.C.
This Court also by relying the said decision of the
Supreme Court, in the case of Fani Bhusan Das & Anr. Vs. State
of Odisha (CRLMC Nos. 258 &686 of 2004, and 2626 of 2007),
reported in 2018 SCC Online 310, has observed that the provision
of the Cr.P.C. shall have an overriding effect and shall prevail
notwithstanding any provision in the Pension Rules, and therefore,
the provisions of OCS (Pension) Rules, 1992 would not give any relief to the petitioners.
So the contention of these two petitioners to give them
immune from criminal prosecution by virtue of Rule-7 of the OCS
(Pension) Rules is found without substance and accordingly rejected.HIGH COURT OF ORISSA: CUTTACK
In CRLREV No.534 of 2019
Jitendra Nath Patnaik Vs State of Odisha (Vigilance)
PRESENT:
SHRI JUSTICE B.P. ROUTRAY
Date of Judgment : 06.08.2020
