- (1.) Leave granted.
(2.) The appellant, at the material time was holding the post of Deputy Secretary to the Government of Andhra Pradesh. On 20-3-1986, the Anti-Corruption Bureau of the State of Andhra Pradesh registered a case against the appellant under the Prevention of Corruption Act, 1947. On 12-5-1986, the appellant was suspended from service. During the pendency of his suspension on 30-6-1988, the appellant was allowed to retire on attaining the age of superannuation while still under suspension without prejudice to the pending proceedings against the appellant.
(3.) The appellant filed a Petition in the Andhra Pradesh Administrative Tribunal challenging his retirement during suspension. The Tribunal, by its order dated 2-12-1988, held inter alia, that in accordance with Rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, the appellant shall be paid provisional pension but no death-cum-retirement gratuity shall be paid to him till the judicial proceedings are concluded and the final order is passed thereon. This order has become final and binding. Accordingly, on 30-9-89, the Government of Andhra Pradesh issued an order for payment of provisional superannuation pension. The order further stated that orders regarding payment of gratuity would be issued separately.;