1993 Supreme(P&H) 38

PUNJAB & HARYANA HIGH COURT
M.S.Liberhan and J.L.Gupta JJ.
Ishar Singh, Ex.Principal, Punjab Govt.Dental College And Hospital
Versus
State Of Punjab, Through The Secretary To Government, Department Of
Civil Writ Petition No. 4970 of 1988,
Decided On : JANUARY 12, 1993

The government cannot withhold or postpone pension payments or commutation of pension, and departmental inquiries cannot be quashed solely on the ground of long pendency.

Headnote:

PENSION - WITHHOLDING OR POSTPONING PAYMENT - ACT-SECTION REFERRED : Punjab Civil Service Rules Vol. II relating to pension herein after referred to as the Rules, Rule 2.2.(b) - HELD - (1) The Government has no right to withhold or postpone pension or the payment on account of commutation of pension. The State is bound to release 100 per cent pension at the time of superannuation, may be provisionally. (2) The Government can withhold the gratuity or other retiral benefits except pension or postpone payment of the same during pendency of an enquiry. (3) Pension cannot be adversely affected before a finding of guilt is returned. (4) The Government can initiate Departmental enquiry after long lapse before retirement, rather there is no limitation for initiating the departmental enquiry from the date of incident before retirement. The delay and the explanation for the same may reasonably be taken note of keeping in view its likelihood to cause prejudice to the delinquent if the enquiry is challenged in appropriate proceedings. (5) The enquiry proceedings cannot be quashed solely on the ground of long pendency. (6) There is no effect of superannuation on the pendency of the enquiry proceedings. (7) The recovery of the Government dues can be made from gratuity or other retiral benefits only.

Fact of the Case:

Writ petitions challenging the withholding of pension, gratuity, and other retiral benefits by the government on the grounds of pending departmental inquiries and alleged misconduct during service. The main questions before the Full Bench were whether the government could withhold or postpone pension payments, initiate or continue departmental inquiries after retirement, and whether long pendency alone was sufficient to quash the proceedings.

Finding of the Court:

(1) The government cannot withhold or postpone pension payments or commutation of pension. (2) The government can withhold gratuity and other retiral benefits, except pension, during the pendency of an inquiry. (3) Pension cannot be adversely affected before a finding of guilt is returned. (4) The government can initiate departmental inquiries after retirement, and there is no limitation for initiating such inquiries before retirement. (5) Long pendency alone is not sufficient to quash departmental proceedings. (6) Superannuation does not affect the pendency of departmental inquiries. (7) Government dues can only be recovered from gratuity or other retiral benefits.

Issues: (1) Whether withholding or postponing the payment of pension or gratuity amount due on account of commutation of pension is permissible in law. (2) Whether the authorities could withhold or postpone the payment of retiral benefits? (3) Whether the Government can initiate or continue with the departmental enquiry long after the date of alleged lapse inspite of the fact that the Officer had retired from service many years back? (4) Should the enquiry proceedings be quashed on the ground of long pendency alone?

Ratio Decidendi: 1. The right to pension is a substantive right and a condition of service. 2. The government's power to withhold or withdraw pension is limited to cases of misconduct or negligence during service or conviction in judicial proceedings. 3. The grant of provisional pension is intended to alleviate hardship to the retiree and ensure subsistence. 4. Withholding pension in anticipation of an adverse finding in a pending proceeding would be oppressive and amount to punishment before trial. 5. The government cannot withhold or postpone pension payments or commutation of pension. 6. The government can withhold gratuity and other retiral benefits, except pension, during the pendency of an inquiry. 7. Pension cannot be adversely affected before a finding of guilt is returned. 8. The government can initiate departmental inquiries after retirement, and there is no limitation for initiating such inquiries before retirement. 9. Long pendency alone is not sufficient to quash departmental proceedings. 10. Superannuation does not affect the pendency of departmental inquiries. 11. Government dues can only be recovered from gratuity or other retiral benefits.

Final Decision: The writ petitions were allowed, and the government was directed to release 100% pension to the petitioners, subject to any adjustments or recoveries permissible under the rules.