In a recent ruling, the Madhya Pradesh High Court addressed whether a government employee can lose their pension or retirement benefits if a complaint or police report is filed before their retirement.
Complaint or Report Not Enough to Deny Pension
The court made it clear that simply having a complaint or report filed against a government employee before their retirement is not enough to deny their pension or other retirement benefits. Official action must be taken on the complaint before the retirement date for the benefits to be withheld.
Petitioner’s Argument: Stopping Pension Is Unfair
The lawyer representing the retired employee argued that withholding the full pension and gratuity is illegal under Rule 9 of the Pension Rules, 1976. The lawyer explained that, according to the rules, if a retired government employee has legal or departmental cases against them, they should still receive a provisional pension and gratuity unless a court case is ongoing.
Government’s Argument: Complaint Submission Is Enough
The lawyer representing the government argued that under Rule 9(6)(b)(i), legal proceedings start when a complaint or police report is submitted to the relevant authority. The government believed this was enough to justify stopping the pension.
Key Question: Can Pension Be Stopped Without Court Action?
The central issue before the court was whether pension and retirement benefits can be withheld if no charge sheet is filed and no official action is taken on the complaint before the employee retires.
Court’s Explanation: Official Action Required for Withholding Pension
Justice Vijay Kumar Shukla explained that a pension can only be stopped if a court has officially taken notice of a complaint or police report in a criminal case. He referenced an earlier Supreme Court case that emphasized the need to interpret the law based on its actual wording, not on hypothetical ideas.
Understanding the Term ‘Cognizance’
The court explained that under Section 190 of the Criminal Procedure Code, ‘cognizance’ refers to the moment when a Magistrate reviews the facts of a complaint and decides whether there is enough evidence to proceed with the case. This term is also used in Rule 9(6)(b)(i) of the Pension Rules, meaning that pension can only be stopped when the court officially acknowledges a complaint or police report.
Conclusion: Pension Cannot Be Denied Without Court Action
The court concluded that simply filing a complaint or report before retirement is not enough to withhold pension benefits. The authorities must take official action on the complaint before the retirement date. Therefore, the petition was allowed, and the employee would continue to receive their pension and retirement benefits.