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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Krishan Kumar Sharma S/o Shri Ram Chandra Sharm – Appellant
Versus
State Of Rajasthan, Through Its Deputy Secretary, Directorate Of Pension And Pensioners Welfare Department – Respondent
ORDER :
Anoop Kumar Dhand, J.
1. By way of filing this writ petition, a prayer has been made for issuing direction to the respondents to release the retiral dues of the petitioner.
2. Counsel for the petitioner submits that the petitioner stood retired on 30.04.2010, after attaining the age of superannuation. Counsel submits that prior to the retirement of the petitioner, a criminal case under Section 7, 13 (1)(d)(ii) and 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the Act of 1988’) was registered against him, wherein, he faced trial before the Court of Sessions Judge, Prevention of Corruption Cases, Bikaner in Sessions Case No.04/2003 and was acquitted vide judgment dated 27.07.2007. Counsel submits that a charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short ‘the Rules of 1958’) was served upon the petitioner dated 14.12.2004, but subsequently, the same was dropped by the respondents vide order dated 18.09.2007. Counsel submits that the petitioner was acquitted in the year 2007 in the criminal case, and the departmental charge-sheet under Rule 16 of the Rules of 1958 was also dropped in the year 2007, m
The mere pendency of an appeal against acquittal does not justify withholding retiral benefits, as established by the court's interpretation of relevant pension rules.
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....
The legal point established is that the entitlement to retiral benefits, including salary and increments, after being acquitted in a criminal case and suspended from service, is subject to the findin....
Pendency of a criminal appeal against an acquittal does not bar the release of pension and other retirement benefits.
The main legal point established in the judgment is that the release of retirement benefits is a necessary corollary to acquittal, and in the absence of any specific order withholding benefits, the d....
Retiral benefits cannot be withheld solely based on pending criminal charges unrelated to an employee’s official duties, as they are vested rights earned through service.
The petitioner is entitled to interest on delayed retiral dues at 9% per annum due to unjustified delay in payment following acquittal in a criminal case.
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