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ARUN DEV CHOUDHURY
On The Death Of Anil Mahanta – Appellant
Versus
State Of Assam Rep. By The Commissioner – Respondent
JUDGMENT :
1. Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Additional Advocate General, Government of Assam assisted by Mr. P. Handique, learned counsel representing the P&RD Department, Assam, Mr. S. K. Medhi, learned Standing Counsel for the Accountant General (A&E), Assam and Mr. A. Chaliha, learned Standing Counsel for the Finance Department, Assam.
2. The issues:-
i. The question involved in the present writ petition is whether the term used “conclusion of a proceeding and final order passed” in Rule 22 (1) of the Assam Services (Pension) Rules, 1969 (herein after referred as Rules, 1969), in respect of a criminal proceeding shall mean conclusion of a proceeding when a person is convicted or whether such finality and conclusion of proceeding shall attain finality after determination of the appeal as provided under Section 393 of the Cr.P.C.
ii. The second question will be whether under Rule 21 of the Rules, 1969, the Governor is empowered to withheld the provisional pension permanently or for a specified period or a regular pension which has already been granted.
3. The facts:
The facts in the present case which is not in dispute can
The judgment established that a government servant found guilty in a corruption case by the criminal court is not entitled to provisional pension during the pendency of the appeal, and the State is n....
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
The right to receive pension and retirement benefits is a valuable right vested in a government servant, protected under Article 300-A of the Constitution of India. The court emphasized that the paym....
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.
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 ....
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....
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