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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Jadumani Kishan – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. circumstances leading to the withholding of pension. (Para 1 , 2 , 3) |
| 2. arguments for provisional pension based on appeal status. (Para 5 , 6 , 7 , 8 , 9) |
| 3. counterarguments on pension discontinuation due to conviction. (Para 10 , 11 , 12) |
| 4. legal basis under rule 6 regarding pension eligibility. (Para 13 , 14) |
| 5. final order dismissing the writ petitions. (Para 15 , 16) |
JUDGMENT :
1. All the writ petitions have been clubbed together and disposed of by the following judgment as a common question of law is involved.
3. The facts of each case are not separately narrated for the reason that the common challenge is to the non-grant of provisional pension in favour of the petitioners having been convicted in the Vigilance proceedings and for the orders of conviction and sentence pending final decision in appeals filed by them. The issue involved herein for adjudication is, whether, the petitioners, who have been convicted in criminal cases would be entitled to grant of pension including the provisional pension. From the record, it is made to reveal that in Vigilance cases, the petitioners faced trial for the offences under the Prevention of Corruption Act, 1988 and convic
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 ....
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.
The main legal point established in the judgment is the requirement for authorities to provide an opportunity of hearing to a retired government servant convicted by a criminal court before deciding ....
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....
The main legal point established in the judgment is that recovery from pension cannot exceed one-third of the pension originally sanctioned and the pension of a person guilty of grave misconduct cann....
Service matter - Pension to State Employees - A criminal appeal cannot be taken out from definition of “judicial proceeding” and thereby, if one is acquitted but appeal thereupon is pending, he/she w....
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