Pension benefits cannot be withheld solely on the basis of pending criminal cases unless serious misconduct is established linking the case to the employment.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (Administrative)

Shri Dharmendra Tiwari, learned counsel for the applicant and Shri Vinod Kumar Pandey, learned counsel for the respondents are present.

2. By means of this OA, the applicant has sought the following reliefs :-

“(i) That, this Hon'ble Tribunal be pleased to issue an order in the nature of certiorari quashing the impugned order dated 04.03.2022, passed by the Respondent No. 2 (Annexure-A-1 in Compilation No. I of the O.A.).

(ii) That, this Hon'ble Tribunal be pleased to issue an order in the nature mandamus directing the respondents to pay the Gratuity, the payment due against commutation of pension and final pension after commutation of the applicant with interest.

(iii) That, this Hon'ble Tribunal be pleased to such other order and / or direction and grant such other relief to the applicant as might be considered just and proper in the facts and circumstances of the case.

(vi) Award the cost of this application in favour of the applicant.

3. The brief facts of the case as narrated by the applicant is that the applicant was a Tailor/MCM in Ordnance Clothing Factory, Shahjahanpur, U.P. and retired from service on 30.06.2020. The pension payment order was issued from Respondent No.2 on 25.08.2020.

4. On 12.04.2019, a notice was issued regarding pendency of Criminal Case against the applicant which was duly replied on 16.04.2019. The Criminal Case pending against the applicant was not arising out of the departmental inquiry neither any departmental inquiry was initiated against the applicant during his service period. After marriage of the daughter of the applicant in the year 2012, her husband (Son in law of applicant) initiated two false criminal complaints against the applicant and his family members due to marital dispute between his daughter and her husband, which is not related to service of the applicant. The applicant received a letter dated 25.08.2020 inclosing the order that gratuity, commutation of pension and final pension has been withheld by the department due to pendency of criminal case against the applicant. He has submitted a detailed representation dated 26.04.2021, which was disposed of vide letter dated 05.06.2021 directing to intimate the current status of the pending cases before the C.J.M., Shahjahanpur. His daughter got divorced on 27.09.2017 due to marital dispute like demand of dowry and ill-treatment meted out to her. Thus, son in law of the applicant filed a criminal complaint No.8842/2017 under Sections 452/323/504/506 and 394 of I.P.C. and another criminal complaint under Section 506 I.P.C. Police Station Sadar Bazar, Shahjahanpur dated 23.03.2018. The husband of the daughter also filed Habeas Corpus Petition No.21044/2018 before the Hon’ble High Court, which was dismissed on 06.08.2018. The above criminal proceedings are not concerned with the department and no disciplinary proceedings is pending against the applicant. The applicant filed Writ Petition No.16858/2021, which was disposed of by Hon’ble High Court with a direction to decide the representation of the applicant within three months. The applicant moved a fresh representation which was rejected by an order dated 04.03.2022 mentioning that two criminal cases are pending against the applicant and pensionary benefits cannot be released till the finalisation of criminal cases pending against the applicant. Due to some wrong advice, applicant earlier preferred Writ Petition No.10620/2022 before Hon’ble High