Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Pension - State Government withholdinga part of pension and/or gratuity during pendency ofdepartmental/ criminal proceedings, in apsence of any such provision in the Pension Rules - Propriety - Held: Gratuity andpension are not bounties - It is hard earned benefit whichaccrues to an employee and is in the nature of "property" -This right to property cannot be taken away without dueprocess of law as per Article 300 A of the Constitution - Present case governed by Bihar Pension Rules, asapplicable to the State of Jharkhand - Rule 43(b) of thePension Rules made it clear that even after conclusion ofdepartmental inquiry, it was permissible for the Governmentto withhold pension etc. only when a finding was recorded either in departmental inquiry or judicial proceedings that theemployee had committed grave misconduct in discharge ofhis duty while in his office - No provision in the rules forwithholding of the pension/ gratuity when such departmentalproceedings or judicial proceedings was still pending - Attempt of the appellant to take away a part of pension or gratuity oreven leave encashment without any statutory provision andunder the umbrage of administrative instruction cannot becountenanced - Executive instructions are not havingstatutory character and, therefore, cannot be termed as "Jaw" within the meaning of Article 300A - On basis of such acircular, which is not having force of Jaw, the appellant cannotwithhold even a part of pension or gratuity - Bihar PensionRules, as applicable to the State of Jharkhand - r.43(b) -Constitution of India, 1950 - Article 300A. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 536 |
Petitioner | State Of Jharkhand & Ors. |
Respondent | Jitendra Kumar Srivastava & Anr. |
SCR | [2013] 8 S.C.R. 177 |
Judgement Date | 2013-08-14 |
Case Number | 6770 |
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