Government employee's pension or retirement benefits can be withheld only if police report taken cognizance of before retirement: MP High Court
The Madhya Pradesh High Court held that a government employee cannot be deprived of his right to pension or other retirement dues merely on the basis of a complaint or report against him before the date of retirement. The complaint or report of the police officer must be taken cognizance of on the date of retirement.
The counsel for the petitioner argued that withholding of entire pension and gratuity under Rule 9 of the Pension Rules, 1976 is illegal and arbitrary. He further argued that as per sub-rule 6(b)(i) of Rule 9, read with sub-rule (4) of Rule 9 of the Pension Rules, 1976, in the case of a government employee who retired on attaining the age of superannuation, any departmental or judicial proceedings have been initiated against him or where departmental proceedings under sub-rule (2) are in progress, provisional pension and death-cum-retirement gratuity shall be granted. Further, under sub-rule 6(b)(i) of the Pension Rules, 1976, pension can be stopped only if judicial proceedings are pending.
Case Title: Dr. Rajesh Kothari vs. Department of Urban Administration and Housing and Others
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