Pension in case of disciplinary proceedings..
Ranganath
(Querist) 03 August 2009
This query is : Resolved
Ld Counsels,
If for an employee of state govt displinary proceedings are taken,
will it always be the case that pension for him will be stopped irrespective of the punishment in the displinary proceedings...
In what circumstances pension will not be granted for an employee who has worked for state dept for more that 10 years.
Pls clarify
Advocate SK Rohilla New Delhi
(Expert) 04 August 2009
Dear Rangnath
Pension is paid in lieu of your rendered service after fullfing all conditions of employment in good manner. At any time, it appears that you have committed a malfeasance or wrong during your service than a disciplinary proceeding may be initiated against you. The stoppage or continuation of pension is subject to discretion of authority. However, such discreation must not be exercised in arbitrary manner and must be followed by reasonable speaking order.
In such case you can obtain stay against the order because stoppage of pension would mean deprive a person to his bread and butter and essential requirement to pull a life.
Under what circumstances pension would not be granted is a wide subject and cannot be explained in few words. Please specify your case and terms of your employment.
Ranganath
(Querist) 04 August 2009
Thank a lot Mr. SK Rohilla. Actually I am awaiting details of the case of my father in law against whom disciplinary action has been taken. As of now I know that he is fighting cases in HC for getting stay order (not sure what he wants to stay), however there was a proceeding in administrative tribunal before that and even prior to that he was given an interim punishment of stoppage of increments for 2 years while the proceedins were pending in the tribunal.
I am awaiting the decision of the tribunal taken in the year 2002.
May I ask you to give your educated guess on what this stay order for that is currently pending in HC. Will the stay also quash the charges and reverse the punishments.
I really appreciate your detailed response above with great subject knowledge.
