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SAMEER JAIN
Raghuveer Narayan S/o Shri Baijnath – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
SAMEER JAIN, J.
1. The instant petition is filed with the following prayers:-
(ii) issue an appropriate writ, order or direction thereby directing the respondents to restore at least the provisional pension to the petitioner which he was getting before passing the impugned orders;
(iii) Any other appropriate writ, order or direction which this Hon’ble Court deem just and proper in the facts and circumstances of the present case, may kindly be issued in favor of the petitioner with costs and compensation.”
2. The instant petition is filed assailing the impugned orders dated 01.04.2002 and 11.06.2003 passed by the respondents ceasing the provisional pension, sanctioned to the petitioner, on the ground of the petitioner's conviction in a criminal case.
3. The crux of the matter is that the petitioner was an erstwhile employee of a Government Press and after attaining the age of superannuation, retired from his service vide letter dated 29.08.1997. It is an undisputed fact that the
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.
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.
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
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....
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....
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
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