Pension and monetary benefits after vigilance conviction set aside by high court

[Anonymous]

Sir, any SC case law/ judgement/ precedence is there wherein the applicant initially convicted by vigilance Court and filed appeal against The impugned order in high Court. The appeal was allowed in favour of applicant. Department haven’t challenged The Honorable high Court judgement in supreme Court. Now The applicant filed WP in high Court for pension and all consequential monetary benefits, promotions during his period of suspension. The applicant got retired during suspension.

[Dr. Ashok Dhamija]

While you have mentioned that the conviction has been set aside by the high court and the same has not been challenged by the department in the Supreme Court, you have not mentioned whether the department has conducted a separate disciplinary proceedings either before, during or after the criminal case.

I am presuming that no such separate departmental action has been initiated. If so, then after acquittal from the high court and in the absence of any separate departmental action, you should be eligible to get pension and other monetary benefits. As regards promotions, the promotion committee recommendations are generally kept in sealed cover during pendency of the criminal case; they same may have to be opened. Suspension may also get regularised. Since you have already filed a writ petition for getting these benefits, you can press these issues in the writ petition.

Also see, related questions:

• How long promotion will be delayed if court case pending against govt servant?
• Suspension period to be treated on duty on otherwise?
• Salary payment for the suspension period after suspension being revoked.

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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