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GANESH RAM MEENA
Mahesh Chandra Soni S/o Bhagwati Prasad Soni – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. This petition has been filed by the petitioner with the following prayers:-
ii) by issuing appropriate writ, order or direction in the nature thereof respondents may kindly be directed to grant due pension & gratuity and other retiral and terminal benefits to humble petitioner at the rate of 12% per annum with consequential benefits.”
2. The basic issue before this Court is ‘Whether because of pendency of proceedings of a criminal case in regard to the offences under Sections 498A & 406 IPC and Sections 4 & 6 of the Dowry Prohibition Act, 1961, the retiral benefits including gratuity and pension can be withheld by the authorities more particularly in a case when no departmental proceeding is pending against an employee ?’.
3. The factual matrix of the case is that the p
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
Pension benefits cannot be revoked without due process, and unrelated criminal convictions do not justify cessation of pension.
The right to receive pension and gratuity is recognized as a property and cannot be deprived except by having recourse to law in view of Article 300-A of the Constitution of India. The power of the S....
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
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