The Madhya Pradesh High Court slammed the action of Commercial Tax Commissioner as withholding 10% pension is unjustified as no departmental or criminal proceedings are pending.
The petitioner, Basant Raikwar, is challenging the action of the respondents whereby they have recovered the amount of Rs.32448/- from gratuity due to excess payment of time Scale Pay. Initially the petitioner was appointed on the post of L.D.C., thereafter two promotions were granted to him. He was also granted time pay scale. At the time of sanction of gratuity amount, an objection was raised to deduct the amount of Rs.32448/- for excess payment.
The Petitioner is also challenging the action of respondents whereby they have only sanctioned 90 % pension and gratuity on account pendency of dispute before the State Government in respect of caste certificate. The petitioner served entire services and retired from service.
The petitioner was given promotion also and till retirement no such report has been received that he has used forge caste certificate to secure employment and promotion. The Divisional Deputy Commissioner, Commercial Tax has only sanctioned 90% of the pension and withheld 10% for want of pendency of enquiry in respect of caste certificate of the petitioner.
A Single Bench of Justice Vivek Rusia observed that “Even otherwise, since 2016 enquiry has not been concluded till date and no report has been filed, therefore, withholding of 10% pension is unjustified as no departmental or criminal proceedings are pending against the petitioner, hence, his pension cannot be withheld under the Pension Rules.”
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