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CENTRAL ADMINISTRATIVE TRIBUNAL
B.K. Shrivastava, Member (J), Sanjiv Kumar, Member (A)
K.S. Chandrasekhar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual timeline of conviction and pension withholding. (Para 3) |
| 2. parties' contentions on rule 9 applicability post-retirement. (Para 4 , 5 , 6 , 7 , 10) |
| 3. conviction suspension exceptional; treat corrupt until exonerated. (Para 8 , 11) |
| 4. pending appeal does not entitle pension/dcrg release. (Para 9) |
| 5. precedent cases uphold pension withholding post-conviction. (Para 12 , 13 , 14 , 15 , 16) |
| 6. oa dismissed; no interference with impugned order. (Para 17 , 18) |
ORDER
PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)
This OA has been filed on 22.12.2022 for quashment of the impugned order dated 23.06.2022 (Annexure – A1) by which the 100 per cent of monthly pension and the remaining amount of gratuity of the applicant has been withheld on permanent basis. The reliefs claimed in para 8 of the OA are as under:
“1. Quash Annexure A-1 order and direct the respondents to continue to disburse to the applicant, the monthly pension due to him and other attendant benefits.
2. Such other relief as may be prayed for and this Hon’ble Tribunal may deem fit to grant.
3. Grant the cost of this Original Application.”
2. Looking to the pleadings of both parties and the documents, the following fac
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