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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Janak Raj – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPLs. 23624/2023 & 23789/2023 (for exemption)
Exemption allowed subject to all just exceptions.
Applications are disposed of.
W.P.(C) 6022/2023, CM APPL. 23623/2023
1. The challenge in this writ petition is to an order dated March 10, 2023, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', in short) in Original Application No.347/2017 whereby the Tribunal has dismissed the OA filed by the petitioner.
2. The OA was filed by the petitioner challenging the order dated November 23, 2016 whereby the respondents have forfeited the pension and Gratuity as payable to the petitioner. The order dated November 23, 2016, reads as under:
"18. WHEREAS after taking into account the submission of Shri Janak Raj, advice of DOP&T and full facts of the case, it may be observed that conviction of Shri Janak Raj, Ex. Asstt. Drug Controller of India, DGHS, New Delhi has not so far been set aside or stayed by the High Court and he has also not brought out any new facts which could have a bearing on the tentative decision of the Competent Authority for imposing penalty of 100% cut in pension and 100% cut in gratuity as admissible to
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
Post-retirement, pension and gratuity can be permanently withheld upon criminal corruption conviction, even if sentence suspended but conviction not stayed; no fresh enquiry required, public interest....
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.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
Pension and gratuity rights are confirmed post-acquittal, requiring clarity on 'conclusion of proceedings', which the court defines as trial outcomes, not pending appeals.
The main legal point established is that the government has the right to withhold or withdraw a pension under Article 168 of the J&K Civil Service Regulation if a pensioner is convicted of serious cr....
Under Rule 8(2) of the Pension Rules, 1976, no notice or opportunity of hearing is required to withhold pension after a conviction, and the principles of natural justice are specifically excluded in ....
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