..., as the pension is paid for good conduct in terms of the Rules. The said criminal case being pending before this Court is no ground to claim provisional pension. When once the case is decided and if...referred to as the Board for short) has stopped payment of provisional pension to the petitioner on the instructions of the Lokayuktha. 2. Brief facts of the case leading to filing of...the writ petition in terms of the pleadings are that, the petitioner while in the service of the respondent - Board, a criminal case came to be registered against him in SPL.C.C.No.8/2010 and the...

..., 1996, this Court is of the firm opinion that the petitioner cannot be granted retiral benefits other than the provisional pension during pendency of the criminal case registered against him and pending at the time when he superannuated. 5. The view had already been expressed earlier when he approached this Court while filing SB Civil Writ Petition No.10788/2014 wherein directions were given to him to make a presentation only with regard to release of provisional pension which...Order 28/07/2017 1. Admittedly, the provisional pension has been granted to the petitioner who attained superannuation while criminal case was...pending against him. 2. The petitioner has prayed by way of this writ petition to release pensionary benefits. The petitioner submits that he has deposited the embezzled amount of...

...applicant and other co-accused. Provisional pension has already been sanctioned in favour of the applicant. However, his other retiral dues have not been released because of the pendency of the criminal case. It was further argued that the fact that no departmental proceeding has been initiated against the applicant does not entitle him to release of the retiral dues or finalisation of his final pension when the criminal case is still pending. 8...have considered the relevant provisions of the Railway Services (Pension) Rules, 1993. A criminal case is pending against the applicant and other co-accused before the competent CBI Court. The...criminal case, in which the applicant has not been convicted, cannot be a ground for withholding of his retiral dues. It is also stated that only provisional pension has been sanctioned in his favour...

...Counsel for Applicant has also pointed out that such retiral dues as GPF and provisional pension are released even if when there is a criminal case pending against employee. In the present case it is...related facts came into light during the time of releasing of retiral dues and hence the Respondents prayed for filing detailed CA on this aspect.4. It is unfortunate that when this case...respondents has prepared the bills for admitted retiral dues and provisional pension but the same has not yet released in pursuance of the order passed by this Tribunal on 20.04.2018. If the admitted...

...W.O.S. notes worth Rs.45,20,143/- Criminal case was registered and trial against the applicant is pending and Department proceedings is also pending. 3. It is enquired from learned counsel for applicant that when criminal case is pending and departmental proceeding is also being conducted, how regular pension, commutation...Rajendra Krishan vehemently opposed the maintainability of the O.A. He submits that it is admitted fact that departmental proceeding and criminal case is pending against the applicant. Applicant has...appeared for applicant when it was called on its turn and thus it was kept as passed over case. It is 3.30 PM. Now when Shri Birendra Kumar Advocate appeared for applicant and pressed the O.A. Heard...

...17.07.2015 (Annexure A-1). Thus there is no justification for issuing a direction to release all retiral dues and regular pension to the applicant on his superannuation, when criminal case is still...) that in view of criminal case pending against him he shall not be paid gratuity on retirement, during pendency of departmental/judicial proceedings. It has further been informed that there is no..., respondents cannot withhold gratuity and regular pension of the applicant during pendency of judicial proceedings, which pertain to a criminal case under Section 498(A) of Indian...

...on account of the pendency of the criminal case and disciplinary proceedings. Since, he retired at a time when those proceedings were very much pending, provisional pension was sanctioned and.... 2. The applicant retired from service on 31.07.2010, on attaining the age of superannuation. It is stated that when the disciplinary proceedings were pending against the applicant...gratuity was withheld. Once, the applicant is acquitted in criminal case and disciplinary proceedings are dropped, the respondents need to restore 3...

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...filed inter-alia indicating that in view of the fact that a criminal case is pending against the respondent, post retiral benefits cannot be granted to him. Based on the departmental Rules governing the subject matter, provisional pension has already been paid and that post retiral benefits would be paid to him when the...criminal case pending against him attains finality...of the Rules, 1972 and the restriction created therein is concerned, the same is not in dispute. However, the issue in the present case is whether the criminal proceedings pending against the...

...pending, part of pension and entire gratuity can be withheld, taking recourse to the same, the petitioner has been denied 10% and entire gratuity as the criminal case is still pending. He submits...respondents submits that they have adopted the Rules and as per Rule 43 (b) read with the clarificatory circular of the government that when there is departmental or criminal case...authorities have withheld 10% pension and entire gratuity, was the subject matter before the Hon'ble Supreme Court. In the aforesaid case it has also been held that administrative instructions cannot...

...Varanasi had rightly and judiciously exercised his power in granting the provisional/interim pension only when criminal case regarding serious offence is pending against the petitioner...permission to prosecute was received. There is no dispute about the fact that subsequently charge sheet had been filed against the petitioner also and criminal case is pending against his. In the present...sheet has been filed against the petitioner and the criminal case/judicial proceedings are pending against the petitioner.5. The learned counsel for the petitioner then contended that...

...case, since the criminal prosecution was pending against the appellant when he retired. Rule 52(1)(c) of the A.P Revised Pension Rules, 1980 expressly permits the State to withhold gratuity during...acquitted in the criminal proceedings by an order dated 20-3-1998. Thereafter, the appellant has been paid the full pension as well as gratuity and other consequential benefits. In the present case, the...and he should be promoted on the basis of the Departmental Promotion Committee's findings. In the present case the appellant was not considered for selection because of the pending criminal proceedings...

...gratuity can be withheld when criminal case is pending as was brought out supra. The rule, which is of statutory nature, states that if judicial proceedings are pending, then gratuity can be withheld. It...police complaint and FIR No.248/2017 was registered on 15.11.2017. Respondents are not releasing the terminal benefits on the grounds that the criminal case is pending against the...applicant and hence, the OA. 4. The contentions of the applicant are that as on the date of compulsory retirement, there was no criminal case pending against the applicant. On...

...gratuity can be withheld when criminal case is pending as was brought out supra. The rule, which is of statutory nature, states that if judicial proceedings are pending, then gratuity can be withheld. It.../2017 was registered on 15.11.2017. Respondents are not releasing the terminal benefits on the grounds that the criminal case is pending against the applicant and hence, the OA. 4. The...contentions of the applicant are that as on the date of compulsory retirement, there was no criminal case pending against the applicant. On approaching the Tribunal in OA 693/2018, it was disposed of...

...a departmental enquiry or criminal case is pending. He, therefore, submits that the respondents could not have been granted the benefits. 3. Per contra, learned counsel appearing for the respondent-writ petitioner submits that at the time when the petitioner was retired from service, criminal case was pending and he was, therefore, entitled to provisional pension. However...acquitted ultimately by this Court in the criminal appeal, which is pending, consequences thereof shall follow and the widow would be entitled to 4 of 5...passed by learned Single Judge, whereby learned Single Judge has allowed the petition of the writ petitioner and has set-aside the order dated 08.10.2013, directing the respondents to release the pension...

.... 6. Learned counsel for the respondents vehemently opposes the prayer made by the applicant and argues that since a criminal case was pending against the applicant, post retiral benefits could not be granted to him. In accordance with the departmental rules governing the subject matter, only provisional pension has been issued. Learned counsel submits that post retiral benefits shall be paid to the applicant as and when the...benefits of the applicant in case any criminal case is pending against him and thus, argued that the instant original application may be dismissed being devoid of merits...applicant. Mere pendency of a criminal case against the applicant cannot be held as a ground to withhold his post- retiral dues. Thus, referring to the entire documents annexed with the OA, prayer was...

...proceedings pending at the time of retirement. However, criminal case was pending when the applicant retired on 30.6.2010 and was paid provisional pension pending criminal proceedings. It is the.... Applicant was involved in a corruption case and when the criminal proceedings were pending, he retired from service on 30.6.2010. Consequently, applicant was proceeded against, under Rule 61 (3...Rule 43 of BSNL rules. Applicant retired on 30.6.2010 and was paid provisional pension from 1.7.2020 on the ground of pending departmental/ criminal proceedings as per Rule 69 of CCS (Pension) rules...

...Departmental Enquiry or Criminal Case pending against an employee, at least provisional pension must be released to the employee. Apart from saying that there was some problem with regard to the date of...respondents at the earliest, so that case of Commutation of Pension may be settled by the respondents within a reasonable period say 2 months thereafter. 10. As far as the.... Respondents have not explained why at least provisional pension was not granted to the applicant after his retirement when it is specifically made clear in CCS (Pension) Rules that even if there is some...

...Rules, 1976) whereas the petitioner having no criminal case pending within the definition of term judicial proceedings' as defined under Rule 9 of MP. Civil Services (Pension) Rules, 1976 was entitled to...proceedings are pending. This implies that judicial proceedings are considered to be instituted in a criminal case when a Magistrate has taken cognizance of a complaint or a report filed by a police officer...2020. Rule 9(6)(b)(i) of the Pension Rules, 1976 stipulates that judicial proceedings shall be deemed to be instituted in the case of criminal proceedings on the date the Magistrate takes cognizance of a...

...Court that the criminal case is still pending and is now fixed for 04.08.2011(5). In these circumstances when there is a justification under the Rules for the respondents to validly withhold the payments of Gratuity and Commutation of Pension due...been released but the payments of Gratuity and Commutation of Pension have been withheld on account of pendency of a criminal case against the petitioner registered vide FIR No. 461 dated 21.11.1999...to pendency of the criminal case, I deem it appropriate to dispose of this writ petition with a direction that as soon as the criminal...