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C. HARI SHANKAR, ANOOP KUMAR MENDIRATTA
Chief Electoral Officer – Appellant
Versus
Rakesh Chaudhary – Respondent
JUDGMENT :
C. HARI SHANKAR, J
1. The respondent was appointed to Grade-II of the Delhi Administration Subordinate Service[DASS] on 14 August 1986. He was thereafter promoted to Grade-I of the DASS and was appointed ad hoc to the DANICS[Delhi, Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli, Daman & Diu Civil Service] w.e.f.[with effect from] 28 February 1995 and 20 May 2015.
2. While in service, FIR No. 58/2006 was registered against the respondent by the Anti Corruption Bureau[“ACB” hereinafter], Delhi, under Section 13(1)(d) of the Prevention of Corruption Act, 1988 read with Section 120B of the Indian Penal Code, 1860.
3. The respondent was compulsorily retired under FR 56(j)[ (j) Notwithstanding anything contained in this rule, the Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of less than three months in writing or three months’ pay and allowances in lieu of such notice:
(i) If he is, in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of
Pensionary benefits cannot be withheld without cognizance taken by the competent court; leave encashment requires a specific decision by the authority to withhold.
Pensionary benefits can only be withheld if a charge sheet has been filed and cognizance taken in a criminal case; mere allegations without formal proceedings do not justify withholding such benefits....
Sub-Rule (15) of Rule 8 provides that the Government shall either consider report of Tribunal and records of enquiry, or send these to concerned disciplinary authority for further action and final di....
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
Criminal proceedings against a retired government employee are not subject to the same limitations as departmental proceedings under the CCS (Pension) Rules, 1972.
Government employees are entitled to pension and retirement benefits if no departmental or judicial proceedings are pending at the time of retirement, in accordance with the prescribed rules.
The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension)....
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