The Gujarat High Court has granted the state government the authority to suspend pension payments of government servants or officers convicted of serious crimes, without the requirement of a show cause notice. This decision will have a far-reaching impact on numerous state government employees, including both serving officers and retirees.
According to the Gujarat High Court's bench of Justice AS Supahia and Justice MR Mengde, Rule 23 of the Pension Rules-2002 empowers the government to suspend or withdraw the pension of a retiree who has been convicted of a serious crime or misconduct. The court further clarified that in cases where the convict has appealed the trial court's decision in the High Court, the authorities are not obligated to wait for the appeal verdict before taking action. This ruling was delivered during the course of a specific case.
The case involved a retired employee who had been convicted in a corruption case during their service. Apart from challenging the conviction itself, the employee had also contested the disciplinary action and the withholding of their pension. The court's decisive judgment addressed these issues, affirming that the Pension Department is not required to issue a show cause notice or provide an opportunity for a hearing before enforcing the rules.
This groundbreaking ruling by the Gujarat High Court resolves conflicting perspectives from previous single-judge benches and establishes a standardized protocol for suspending or reducing pensions of retired employees. It provides clarity that the government has the authority to withhold or curtail pension payments partially or entirely under Rules 23 and 24 of the Gujarat Civil Services (Pension) Rules, 2002.
Furthermore, the division bench emphasized that recent administrative instructions issued by the state government regarding show cause notices should not be misunderstood as the commencement of departmental proceedings. The court clarified that the absence of specified limitations within the Gujarat Civil Services (Pension) Rules allows action to be taken against a pensioner even after their conviction for a serious crime by the initial criminal court. The court also highlighted that the four-year time limit to initiate departmental proceedings should not impede such actions.
With this ruling, the Gujarat High Court has paved the way for the state government to swiftly suspend pension payments of convicted government servants, ensuring accountability and upholding the integrity of the pension system.
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