[2025:RJ-JP:26137] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19499/2018 Arun Kumar Mukharji Son Of Late Shri Hari Mohan Mukharji, Aged About 61 Years, Resident Of E/292, Murlipura Scheme Near High Secondary School Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan Through Principal Secretary, Department Of Agriculture, Govt. Secretariat, Nr. Statue Circle, Jaipur. 2. Director Agriculture Marketing, Krishi Pant Bhawan Bhagwan Bass Road, C-Scheme, Jaipur. 3. Joint Director, Pension And Pensioners Welfare Department, Zonal Office Bharatpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sandeep Bhagwati For Respondent(s) : Mr. Lokendra Singh Rao Mr. Dheeraj Tripathi HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/07/2025 1. Heard counsel for both parties and perused the material available on record. 2. By means of filing instant writ petition, petitioner has impugned order dated 16.05.2018, whereby and whereunder provisional pension of petitioner was stopped, on account of his conviction in Sessions case No.26/2007 vide judgment dated 16.02.2018 passed by the Special Judge, Prevention of Corruption Act, Kota for offences u/s 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. 3. It is admitted case of petitioner that against the judgment of conviction dated 16.02.2018, he has preferred a criminal appeal, [2025:RJ-JP:26137] (2 of 2) [CW-19499/2018] which is pending before the High Court. In the pending appeal, only sentence awarded against the petitioner has been suspended. The conviction of petitioner for alleged offences, stands opertative in law. 4. Stay application filed along with present writ petition, has already been dismissed by the Coordinate Bench on merits vide order dated 24.01.2019. 5. In view of above, prima facie, this Court does not find any reason to interfere with the order impugned dated 16.05.2018, staying provisional pension of petitioner, however, it would be open for the petitioner to claim pension, in case judgment of conviction dated 16.02.2018 is quashed in the pending criminal appeal and petitioner is acquitted from the alleged charges. 6. With aforesaid observation/ liberty, instant writ petition stands disposed of. 7. Pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Sachin/34