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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJAN ROY, PRASHANT KUMAR
Bhagwati Prasad – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenge to pension withholding order (Para 1 , 2 , 3) |
| 2. arguments on time limits under pension rules (Para 4) |
| 3. understanding rule 9 of pension rules (Para 5) |
| 4. judicial vs. departmental proceedings distinction (Para 6 , 8) |
| 5. pendency of appeal doesn't negate conviction (Para 7 , 9) |
| 6. affirmation of tribunal's decision (Para 10) |
| 7. petition dismissed (Para 11) |
JUDGMENT :
(Per : Rajan Roy, J.)
1. Heard Shri Avinash Singh Vishen, learned counsel for the petitioner and Shri Devrishi Kumar, learned counsel for the opposite parties.
2. By means of this petition challenge has been raised to a judgment and order dated 12.10.2022 rendered by Central Administrative Tribunal, Lucknow in Original Application No.332/00327/2021.
3. The petitioner herein had filed the aforesaid Original Application challenging an order dated 12.04.2021, whereby the President of India had ordered withholding of pension and gratuity payable to the applicant/ petitioner in its entirety. This decision was taken on the basis of petitioner's conviction on 26.04.2014 under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 by the Special Judge, Anti Corruption Burea
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 ....
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....
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
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....
Pension withholding limited to 1/3rd upon conviction for serious crime under Rule 2.2(a) PCS Rules, pending appeal.
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
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