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SUNIL B. SHUKRE, VRUSHALI V. JOSHI
Hukumchand – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Sunil B. Shukre, J. - Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
2. It is not in dispute that by the order dated 03.04.2019, regular pension payable to the petitioner has been fixed and it has been fixed to the extent of one third of the regular pension payable to the petitioner as per the Rules. The effect of such an order is nothing but reduction of the pension, otherwise payable to the petitioner and therefore, as rightly submitted by Shri G.N.Khanzode, learned counsel for the petitioner that the procedure prescribed in Rule 27(1) of the Maharashtra Civil Services (Pension) Rules, 1982 (for short, the Rules of 1982) would come into picture. This rule reads as under:
'27(1) [Appointing Authority may], by order in writing, withhold or withdraw a pension or any part of it whether permanently or for a specified period, and also order of recovery, from such pension, the whole or part of any pecuniary loss caused to Government, if, in any departmental or judicial proceedings, the petitioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re-employment af
Pension cannot be fixed to a reduced amount without the pensioner being found guilty of grave misconduct or negligence in a Departmental Enquiry or judicial proceeding, as per Rule 27(1) of the Mahar....
The withholding of pension requires a clear finding of grave misconduct or negligence, which must be recorded by the competent authority, not merely inferred from the enquiry report.
Pension withholding limited to 1/3rd upon conviction for serious crime under Rule 2.2(a) PCS Rules, pending appeal.
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.
Withdrawal of pension for convicted public servants under Rule 8 of the Pension Rules is permissible without a hearing when the conviction involves a serious crime like bribery.
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