pension/gratuity and leave encashment on the ground of pendency of judicial/departmental proceeding.
(B) Rule 43 of Bihar Pension Rules provides the withholding ... pension cannot be withheld.
(iv) The employee's right to pension is a statutory right. The measure of deprivation of his pension must
Pension
Regulations as Regulation 22 thereof would be attracted. Rule 43
of the Pension Regulation provided for withholding or withdrawal
of the pension. Regulation ... contend that even for the purpose of withholding pension, a
specific order in that behalf by a competent authority was
required to be passed
defines pension which reads thus:
"41. Pension-- Except when the term "Pension" is used in contradistinction to Gratuity, "Pension" includes ... came to be incorporated entitling provisional pension as against full pension (commutation of pension) to government servant against whom departmental or judicial proceedings
pension was also denied.
The petitioner challenged the order of granting provisional pension, refusal to allow commutation of pension and withholding of gratuity, albeit ... State from affecting recovery from pension except where final pension sanctioned is less than the provisional pension or the pension is reduced or withheld either
continued shall be paid provisional pension to the
extent of 75% of the admissible pension. The payment of
provisional pension under the aforesaid orders ... pension-
(a) The decision contained in Clause-6 shall not affect
Rule-43 of Bihar Pension Rules under which power is vested
to withhold
withholding of the pension of 25% is not warranted and that only 5% of the pension may be withhold and/or less than ... pension is passed under the Pension Rules. Under the circumstances, the impugned action of the respondents in withholding of 25% of the pension is required
part of pension is
withheld or withdrawn, the amount of such pension shall
not be reduced below [the minimum pension as
determined by the Government ... proceedings fifty
per cent of the pension so sanctioned subject however
that the pension payable after such withholding is not
reduced to less than
interim pension was payable. The pension proposal shall be finalised after culmination of the proceedings of the criminal case.
On 20.11.2017, interim pension has been ... powers under Regulation 351AA read with Regulation 919A in withholding the gratuity and in withholding pension to be paid to him.
19. Ordinarily we would
departmental inquiry, it is
permissible for the Government to withhold pension,
etc. only when a finding is recorded either in departmental
inquiry or judicial proceedings ... Rule 43(c). Admittedly, it is permissible to the
Government to withhold pension only when finding is recorded either in
the departmental enquiry or proceeding
departmental inquiry, it is
permissible for the Government to withhold pension,
etc. only when a finding is recorded either in departmental
inquiry or judicial proceedings ... Rule 43(c). Admittedly, it is permissible to the
Government to withhold pension only when finding is recorded either in
the departmental enquiry or proceeding
