CENTRAL CIVIL SERVICE (Pension) Rules, 1972
A.Mohamed Thaheer
(Querist) 11 April 2009
This query is : Resolved
What is the legal implication of Rule 9 (6)(b) in the case of retired pensioner?
Case in Brief:
A govt. servant had no judicial proceeding pending on the date of retirement. But, there was only F.I.R. pending on the date of retirement and that too filed just 48 hours before retirement i.e. on 28-09-2004 for the alleged offence reportedly took place between 31-03-2001 12-04-2001.
All his retiral benefits withheld till date.
In such circumstances, what is the legal implication of the above shown rule?
Whether the high court has got power to supercede the rule to give his own reasoning and judgment. Is it not the violation of the constitution for having the rules framed under article 309 of the constitution?
Whether one high court can supercede the judgment of another high court in the same and similar situation and also to supreme court judgment.
Please,explain one by one indetail
s.subramanian
(Expert) 31 October 2010
You can file a writ and raise all these points and seek remedy.
