RAMESHWAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 32 of the Constitution of India is directed against the order of the Controller of Defence Accounts (Pensions) , Allahabad dated 23/09/1986 suspending the pension

(2.) The petitioner was employed in the Army as soldier. On his superannuation, he was granted pension of Rs. 108. 00 per mensem with effect from 1/11/1978. He continued to draw that pension till 31/01/1983. After his retirement the petitioner was involved in a murder case and convicted for the offence under S. 302 Indian Penal Code and awarded imprisonment for life. In view of petitioners conviction the CDA (Pensions) passed the impugned order suspending the payment of pension to the petitioner in exercise of his powers under Regulation 119 of Pension Regulations Part 1 1961 read with para 29.1 of Pension Payment Instructions 1973 for the period the petitioner was undergoing imprisonment. The petitioner has challenged the validity of the suspension of his pension by means of the present petition.

(3.) Learned counsel for the petitioner made submissions challenging the validity of the aforesaid order as well as the validity of Regulation 119 of Pension Regulations Part 1 1961 and para 29.1 of Pension Payment Instructions 1973. After hearing the learned counsel for the parties, at some length, we are of the opinion that it is not necessary to decide the question of validity of the aforesaid provisions in the present petition as in our opinion the petitioner is entitled to relief even otherwise. Regulation 119 confers power on the competent authority to withhold in whole or in part the pension of a pensioner, who is convicted of a serious crime by a court of law. Para 29.1 of Pension Payment Instructions 1973 also confers power on the Disbursing Officer to forthwith suspend the payment of pension payable to a pensioner, if he is sentenced to imprisonment. On the release of the pensioner from imprisonment, the Disbursing Officer is required to restore his pension.