Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death-cum-Retirement Gratuity (DCRG) – Kerala Service Rule Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Death-cum-Retirement Gratuity (DCRG) – Kerala Service Rule – Rules 3 & 3A – Interpretation of – On conviction in a criminal case for violation of integrity norms in performance of official duties and an appeal pending before the High Court, whether the employee is still entitled to the release of his DCRG – Held: Rule 3A cannot be read in isolation nor the latter part of it struck down – Rule 3, Note 2, Ruling 3, and Rule 3A have to be read in conjunction as they provide for the treatment of the DCRG in case of disciplinary or judicial proceedings pending at the stage of retirement – Even in absence of these proceedings in certain eventualities the amounts can be recovered from the DCRG – An appeal is a continuation of the proceedings in trial and would be, thus, a continuation of judicial proceedings – Pendency of the appeal cannot disentitle the State from withholding the DCRG, considering that it is a hiatus period within which certain arrangements have to be made which would be dependent on the outcome of the appeal – It cannot be opined that the DCRG would have to be released pending consideration of the criminal appeal. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2022 INSC 310 |
Petitioner | The Secretary, Local Self Government Department & Ors. Etc. |
Respondent | K. Chandran Etc. |
SCR | [2022] 4 S.C.R. 287 |
Judgement Date | 2022-03-15 |
Case Number | 7437-7438 |
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