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Enitlement of retirement benefits - reg.

(Querist) 27 September 2017 This query is : Resolved 
I was a Central Government servant. Subsequent to the Departmental Enquiry, I was ordered for Compulsory Retirement without any mention on the quantum of retirement benefits by the Disciplinary Authority. I was paid Provident Fund benefits and Leave salary. No pension and gratuity was paid to me till date. After 6 months of the above said order, I have been convicted in CBI court for which appeal lies in the High Court. Please clarify whether my pension and gratuity suffer on the out come of the CBI court verdict.
Rajendra K Goyal (Expert) 27 September 2017
Without referring full case file and departmental inquiry file with orders no advice possible based on the sketchy facts.
kavksatyanarayana Online (Expert) 27 September 2017
Generally speaking if a Govt employee convicted by CBI/ACB, in such cases no pension or gratuity is sanctioned till the out come of court decision.
Isaac Gabriel (Expert) 27 September 2017
You have been punished for the proved miscondu tfor which you have filed appeal. Section 4(6) would have been attracted in your case.Unless the punishment is set aside,pensionay benefits and gratuity may not be sanctioned.
Ms.Usha Kapoor (Expert) 28 September 2017
IF a central Govt emloyee's is convicted by CBI involving moral turpitude his pension and gratuity may be withheld by the employers.Please click the following link for case law on this issue.
Guest (Expert) 28 September 2017
I differ with the views of all experts to the extent of eligibility of pension. Probably, the experts have conveniently ignored the fact that the querist has been compulsorily RETIRED from service. Irrespective of the CBI Court case, pension of a retired employee cannot be withheld in total or in part, if not dismissed, removed or terminated from service by the employer. On his retirement, may be compulsorily, his eligibility for pension cannot be denied.
Guest (Expert) 28 September 2017
Vague post by Mr. Rajendra K Goyal, when the querist has very clearly stated about his compulsory retirement by the department after the decision on departmental inquiry report! His pension has necessarily to be sanctioned, may be on provisional basis, when already made to retire.

Guest (Expert) 28 September 2017
Dear Vasudevan,

Although claims to be a learner (JIGYASU), but perfect advice has been rendered by Mr. Jigyasu. I must appreciate his advice. The penalty of withholding or withdrawing a pension or part thereof, either permanently or for a specified period cannot now be made except with decision through some departmental inquiry case, which has already been concluded with the penalty of compulsory retirement, as per your statement. No second departmental inquiry can be initiated with the same charge just to withhold your pension in full or even in part.

Only Gratuity can be denied by the department. However, for payment of leave encashment, the department can use its discretion whether to pay or withhold that. But still leave encashment is usually be withheld only if the loss, if any incurred by the Government servant, is more than the amount of gratuity withheld. You were also entitled to claim savings part of the CGEIS.

Since you have already been made to retire, may be compulsorily, you cannot be dismissed with retrospective effect. If the department does that, their order would be illegal, which you can challenge in the court of law, if that happens to you after your conviction in the CBI case.

Further, if you are exonerated on decision in your appeal, which you have already made to the HC, you can claim even the gratuity withheld in your case. On exoneration, you can even seek reinstatement to your post by cancellation of orders of compulsory retirement.

Now the only action required on your part is that you should formally apply through your last office for retirement benefits on the prescribed form for pension, if not already made. If already submitted your pension claim form, you may send at least one reminder for that after which you may serve legal notice under CPC 80 to the Secretary orf your department, including the pension sanctioning authority.

Must fight your case very effectively, if injustice has been made to you.
Guest (Expert) 28 September 2017
Dhingra ji,

Thanks for your appreciation. I am really obliged.
Vasudevan (Querist) 28 September 2017
Much obliged by the advice of all the Learned Experts especially S/Shri JIGYASU, Dhingra Isaac Gabriel & Miss Usha Kapoor. Thank you very much for sparing your all valuable time to reply my query.
Guest (Expert) 28 September 2017
You are welcome.

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