Indore (Madhya Pradesh): Indore bench of Madhya Pradesh High Court directed the state government to release the full pension and other retirement benefits to Pooransingh Bheel, a retired sub-registrar, whose dues were withheld following the registration of a criminal case a year after his retirement.
The order was passed by Justice Vijay Kumar Shukla while hearing a petition filed by Bheel. The petitioner had alleged that despite retiring on April 30, 2016, the authorities failed to release his full pension, gratuity, leave encashment and arrears of salary, citing the pendency of a criminal case.
According to the state’s submission, an FIR was registered against Bheel at Agar Malwa police station under Sections 420 and 262 of the IPC, following a High Court direction in a public interest litigation filed in 2016. Based on the FIR, the department had withheld a portion of his pension, granting only 90 per cent as anticipatory pension.
However, the court noted that the mere registration of an FIR does not justify withholding pension. Citing Rule 8 of the Madhya Pradesh Civil Services (Pension) Rules, 1976, Justice Shukla observed that pension can be withheld only if a retired employee is convicted of a serious crime or found guilty of grave misconduct. As Bheel had not been convicted, the court held the state’s action “unsustainable in law.”
“The impugned action of the respondents withholding the retiral dues of the petitioner is set aside,” the court ruled, directing the state to pay Bheel 100% pension and all other retiral dues within 60 days from the date of submission of the court’s order.
