Govt has no power to withhold Pensionary Benefits if departmental or judicial proceeding are pending: Supreme Court
C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013
(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)
State of Jharkhand & Ors. ….. Appellant(s)
Vs.
Jitendra Kumar Srivastava & Anr. …..Respondent(s)
WITH
C.A. No. 6771/2013
(arising out of SLP(C) No. 1428 of 2009)
J U D G M E N T
A.K. Sikri, J
1. Leave granted. pensionary
2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has - answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent. Not happy with this outcome, the State of Jharkhand has preferred this appeal.
Read more: http://www.staffnews.in/2018/10/govt-has-no-power-to-withhold.html#ixzz5SqtPOuHN
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