HEM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was an officer of the Indian Police Service. He is guided by the All India Service (Death cum Retirement Benefit) Rules, 1958 herein after the '1958 Rules'. He is aggrieved by the decision of the respondent authorities in withholding 100% of his pension on permanent basis. According to the petitioner the same is contrary to Rule 6 of the 1958 Rules.

(2.) It has been submitted that the action of the respondents is wholly without jurisdiction inasmuch as the petitioner has never been held guilty in any judicial proceedings, nor has he caused any pecuniary loss to the Central or the State Government by misconduct and negligence. The sentence passed against him under the Prevention of Corruption Act, 1988 has been suspended and he has been released on bail. The issue is sub judice and pending finalisation of the said proceeding the respondent authorities ought not to take any decision for withholding 100% of his pension on permanent basis.

(3.) It has been argued that no amount of recovery can be made from the petitioner as he ceased to be a member of the All India Service on attaining his age of superannuation. The fundamental right of the petitioner as guaranteed under Article 20(2), 21 of the Constitution of India has been infringed by the impugned action of the respondents.