Moinak
Asked June 11, 2013

is any pending inquiry stops release of pension?

  • 2 Answers
  • 99 Views

A friend's father was a government servant (Postal Department) who retired from service in 2011. Since then, he has been receiving only an ad-hoc pension on the ground that a CBI inquiry has been pending against him. Is there any law that a pending inquiry will prevent him from getting retirement benefits as long as the inquiry keeps on going?

Answers 2

Default avatar
Souvik

Certainly not. And in case someone has informed you otherwise, you can sue him/ her for misrepresentation too, along with suing the government to get your pension arrear.

 

It is been clearly held in the case of Lakhi Ram (who was a headmaster in a primary school) back in 2011 itself by the Apex Administrative Tribunal that

pension and increments of public servants can not be withheld on the

basis of a criminal case against him unless and until he has been convicted and not merely accused.

 

I would suggest you apply to your departmental officer in charge of pension disbursement with a copy of this decision to immediately clear your arrear, with a copy to his superior and in case it does not materialize, file a case at the corresponding Administrative Tribunal.

Agree Comment 0 Agrees about 4 years ago

Default avatar
Goutham

There has to be a specific service/statutory rule empowering the Government to withhold retirement benefits such as pension/provident fund, etc., on the ground of pending disciplinary proceedings at the time of superannuation. In the absence of such a rule, the withholding of pension or other retirement benefits would be illegal. (See the Supreme Court's decision in Bhagirathi Jena v. Orissa State Financial Corporation (1999) 3 SCC 666 http://indiankanoon.org/doc/653387/)

You need to check whether the Postal Department's service rules in fact do have a specific provision allowing the withholding of pension pending disciplinary proceedings. In case they don't, then your father's friend could approach the Adminstrative Tribunal seeking relief.

Agree Comment 0 Agrees about 4 years ago

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