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jiten (other)     26 October 2014

Pension on conviction by court

sir,

One of my friends retired from air force after completion of 20 yrs of service. During his service career, one forged case was lodged against him by his relatives in the year 1999 and during that time he was under custody for 3 months and later was released on bail. The whole incident was in the knowledge of Air Force Authority. Air Force authority also tried their level best to release the person on bail. Now my friend is retired and working in a pvt firm. After a long year (almost 15  yrs) he was found guilty (due to false witnesses against him) and lower court has convicted him. By this time he took retirement from Air Force in the year 2012. Since then his gratuity amount has been withheld by the Air Force and he is getting provisional pension. After conviction he is presently released on bail given by the high court.

my question is will he not be in continuation of his pension and what will happen to his withheld gratuity amount?



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     27 October 2014

since he has retired with provisional pension, he never started earning pension and the interim pension will now not continue.  Govtr may decide whether to pay him zero or partial pension and gratuity.

 

You have said that he took retirement from Air Force.  Please correct your facts.  He may have been discharged on superannuation as VR cannot be given to a person suffering from criminal case.


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