Can pension be attached fully as a penalty for misconduct.

NO....................is the response.

fully agreed                 

Own PF Contribution made by bank officer cant be stop, However the PF contribution made by the bank can be stop by way of penalty till the matter is sub judice.

The matter has been discussed in an elaborate thread at:

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp#.UqC5qdIW1MA

The conclusion from various judgments is available on  Pension as well as PF contribution by employer.

If there are still some points those may be discussed.

It shall certainly benefit the entire community that visits LCI. 

I have gone through the earlier sitings on the forum. S.C. case ( Jharkhand) says that during continuance  of trial, it can not be attached. It is silent on, what if the officer is found guilty. What would be the repurcussions if guilt is on account of 1) Gross Negligence, 2) Fraud - Misappropriation causing indirect losses much more than the total  Pension amount.

If pension can not be attached in full, what quantum can be attached?

There

first of all understand the difference between "attached' and "forefeited"

you are not aware of which SC judgement you are speaking.  So No comments.

>>> Supreme Court of India

State Of Jharkhand & Ors. vs Jitendra Kumar Srivastava & Anr.

8. It is thus hard earned benefit which accrues to an employee and is in the nature of "property". This right to property cannot be taken away without the due process of law…………………………..

12. Right to receive pension was recognized as right to property by the Constitution Bench Judgment of this Court………………………..

You may go further thru the flow of the thread::::

>> Supreme Court of India

Radhey Shyam Gupta vs Punjab National Bank & Anr. on 4 November, 2008

“………..amounts paid towards gratuity and pension could not be attached in view of the provisions of proviso (g) of Section 60(1) of the Code of Civil Procedure”

>>> Pls also go thru:

Central Administrative Tribunal - Ernakulam

C.Gopalan, S/O Keeran vs Union Of India Represented By ...

Posted therein.

>>> The bank can file for recovery if the remedy is available now.

Valuable advice of learned experts/members is sought. 

thanks for all ur response.

i worked with co. from 15-02-2012 to 14-02-2013. and they deduct my p.f aprox 850 per month. i have salary slip or first   month and did not get reliving letter from them. m not single employee whos is not get FnF. i just want no file case on co. bt dont knw which law. section will govern it. n what provision are available for me. plz advice me in this case what should i need to do n where shold o need to go.

thanks sir..

@ Nitin Sharma,

The query posted in this thread initiated by querist Mr. Dahake is entirely different.

For your query initiate a new thread.

sir this thread was initiated by me.  mr. dahake ji posted his query after me. sir plz read my first comment in this thread

Your name has appeared in this thread for the first time.

The query posted by you and Mr. Dahake are entirely different.

Better to post your query in new thread.

Do not mingle entirely different issues.

yes sir i got ur point actully i m using this site first time. i entred in mr. dhake thread by clinking on next. n i thought it was mine. sory for this

@Nitin,

You have already initiated a thread at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=109071&offset=1#.VBatjJSSwb9

and you have received response too.

The judgement stated by you has been eleborated by Mr Kumar Doab.

it stateds (as reproduced by Mr Doab) cannot be taken away without the due process of law………………………

The disciplinary action is itself due process of law