Bombay HC allows Terminal benefits like Pension, Gratuity to Customs and Central Excise Commissioner involved in Corruption [Read Order]
Bombay High Court – Pension – Corruption – Terminal Benefits – Taxscan
Bombay High Court – Pension – Corruption – Terminal Benefits – Taxscan
The Bombay High Court allowed the terminal benefits like pension, gratuity, and other benefits to the Customs and Central Excise Commissioner involved in Corruption.
The petitioner, Bhupendra Pal Singh was a member of the Indian Revenue Service (Customs and Central Excise) having been recruited in 1979. Acting on an audit report, the Anti- Corruption Bureau of the Central Bureau of Investigation, Mumbai, registered a First Information Report. One Hemant Kothikar, Deputy Commissioner, Customs Frere Basin, Dock, Mumbai, was named as the prime accused in such FIR. Incidentally, the petitioner was not named as an accused therein.
However, in the course of conducting the investigation, certain materials were collected, and on the basis thereof, the ACB/CBI submitted an internal report in September 2007 recommending prosecution against nine persons including the petitioner. In September 2007 itself, the CBI had forwarded all the relevant documents to the Central Board of Excise and Customs for issuing a departmental charge-sheet under the relevant service rules as well as charge-sheet under the penal laws.
The coram headed by Chief Justice Dipankar Dutta and Justice M.S.Karnik held that if the Departmental Promotion Committee did not recommend the petitioner for promotion, an intimation shall be sent to him on that behalf. In such a case, the petitioner shall be entitled to pension based on the last pay drawn by him. The terminal benefits including pension, gratuity, and other benefits to which the petitioner is entitled, based on promotion or otherwise, as the case may be, shall be released as early as possible but positively within 3 months of issuance of the order of promotion as above. The petitioner shall be entitled to interest on such unpaid amounts at the highest rate that nationalized banks offer for fixed deposits.
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan AdFree. Follow us on Telegram for quick updates.
