withholding of pension.
chunu subba
(Querist) 11 March 2015
This query is : Resolved
Can an employees pension be withheld by the govt if he is convicted for misconduct under Prevention of corruption act. The person was suspended earlier but later his suspension was revoked. He hasn't caused pecuniary loss to the govt. In such cases does the govt reserves the right to withold pension.
Guest
(Expert) 11 March 2015
Yes, pension can be be withheld in full or in part by the order of the disciplinary authority, but after issue of charge sheet and conduct of departmental inquiry as per the inquiry procedure. May there be not a case of pecuniary loss, but in the case of PC Act moral turpitude is involved on the part of the employee.
Rajendra K Goyal
(Expert) 11 March 2015
Yes, pension can be held full or in part as per orders of the disciplinary authority.
chunu subba
(Querist) 11 March 2015
In this case there is no departmental proceedings or charge sheet.
chunu subba
(Querist) 11 March 2015
And the convict has appealed in higher court which has admitted his appeal.
Sudhir Kumar, Advocate
(Expert) 12 March 2015
in conviction case there is no need of chargesheet or inquiry.
Further you have not revealed the facts whether the Govt servant had retired during the case or convicted during service.
P. Venu 
(Expert) 12 March 2015
Please post the complete facts instead of providing piecemeal information.
chunu subba
(Querist) 12 March 2015
And the convict has appealed in higher court which has admitted his appeal.
Guest
(Expert) 12 March 2015
Mr. Chunu,
Without description of full facts and background of the case, you can not expect appropriate solution merely on academic type of query.
If you think mere mention of appeal in the HC is sufficient in your opinion, even that does not make it clear whether appeal is against the conviction under PC Act or on withholding of the pension. If appeal is about withholding of pension, better wait for the judgment of the HC. Moreover, if you get any answer, it is not clear how do you propose to make use of that and at what stage in the HC case?
Guest
(Expert) 12 March 2015
Moreover, if you furnish facts and background of the case, you will also have to make it clear in what capacity you have any concern with the case.
T. Kalaiselvan, Advocate
(Expert) 13 March 2015
You may answer the questions raised by expert Mr. Dhingra if you are serious about some proper opinions from this portal.
