SC asks government to withhold pension of guilty employees

New Delhi, Aug 31 (UNI) The Supreme Court has held that the government has the power to withhold pension or recover it if the concerned government employee is found guilty of misconduct, negligence or any other such act or omission as a result of which the government is put to monetary loss.

Upholding the constitutional validity of Rule 10(1) of the West Bengal Services (death cum retirement benifit) Rules 1971, the bench comprising Chief Justice Y K Sabharwal, Justice C K Thakkar and Justice P K Balasubramanyan yesterday set aside the Calcutta High Court judgement as ultra vires of the Constitution.

Allowing the bill of the state of West Bengal, the court said, ''Rule 10(1) is the authority of law under which pension could be withheld on compliance of stipulations of the rule. We are unable to appreciate how such a rule could be held ultra vires even at a point of time when pension was a property to which Article 19(1)(f) was applicable. In view of the above, we set aside the impugned judgement to the extent it declares Rule 10(1) ultra vires. The bill is allowed accordingly.'' According to the rule, the Governor was given the power to withhold the drawing of pension or any part of it whether permanently or for a specified period and the right to order the recovery from a pension of the whole or part of any pecuniary loss caused to government, if the pensioner is found in a departmental or judicial proceeding to have been guilty of grave misconduct or negligence during the period of his service including service rendered on re-employment after retirement.

UNI AKS/SC SSC RP HS1740