STATE OF MAHARASHTRA versus KESHAV RAMCHANDRA PANGARE AND ANR.

STATE OF MAHARASHTRA versus KESHAV RAMCHANDRA PANGARE AND ANR.

Rule 27 of Maharashtra Civil Services (Pension) Rules, 1982 does not operate as a bar to criminal prosecution; it only governs the right of government to withhold or withdraw pension, not the period within which criminal prosecution must be instituted. The Criminal Procedure Code prescribes no limitation period for offences punishable with imprisonment exceeding three years, and period spent obtaining sanction is excluded. Prosecution against respondent is not barred by limitation.

Parties
Appellant: State of Maharashtra; Respondent No. 1: Kesha V Ramchandra Pan Gare; Respondents: Kesha V Ramchandra Pan Gare and Anr.
Jurisdiction
India
Judgment Date
01 November 1999
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Allowing Writ Petition and Quashing Proceedings
Outcome
Appeal allowed
Legal Topics
Limitation for Prosecution, Effect of Pension Rules on Criminal Prosecution, Withholding or Withdrawal of Pension, Period of Limitation Under Cr.p.c., Interpretation of Service Rules
Criminal Law Service Law Limitation for Prosecution Effect of Pension Rules on Criminal Prosecution Withholding or Withdrawal of Pension Period of Limitation Under Cr.p.c. Interpretation of Service Rules

Case Brief

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Parties

State of Maharashtra

Appellant

Kesha V Ramchandra Pan Gare

Respondent No. 1

Kesha V Ramchandra Pan Gare and Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Allowing Writ Petition and Quashing Proceedings

Legal Issues

  1. 1 Whether Rule 27 of Maharashtra Civil Services (Pension) Rules, 1982 bars criminal prosecution after lapse of four years from commission of offence
  2. 2 Whether the limitation period prescribed under Pension Rules overrides Criminal Procedure Code provisions

Ratio Decidendi

Rule 27 of Maharashtra Civil Services (Pension) Rules, 1982 does not operate as a bar to criminal prosecution; it only governs the right of government to withhold or withdraw pension, not the period within which criminal prosecution must be instituted. The Criminal Procedure Code prescribes no limitation period for offences punishable with imprisonment exceeding three years, and period spent obtaining sanction is excluded. Prosecution against respondent is not barred by limitation.

Court Disposition

Appeal allowed

Orders

  • Impugned order dated 18.9.1998 passed by the High Court in Criminal Writ Petition No. 484 of 1991 is quashed and set aside.
  • The trial court is directed to proceed with the matter.