is any pending inquiry stops release of pension?
A friend's father was a government servant (Postal Department) who retired from service in 2011. Since then, he has been receiving only an ad-hoc pension on the ground that a CBI inquiry has been pending against him. Is there any law that a pending inquiry will prevent him from getting retirement benefits as long as the inquiry keeps on going?
Certainly not. And in case someone has informed you otherwise, you can sue him/ her for misrepresentation too, along with suing the government to get your pension arrear.
It is been clearly held in the case of Lakhi Ram (who was a headmaster in a primary school) back in 2011 itself by the Apex Administrative Tribunal that
pension and increments of public servants can not be withheld on the
basis of a criminal case against him unless and until he has been convicted and not merely accused.
I would suggest you apply to your departmental officer in charge of pension disbursement with a copy of this decision to immediately clear your arrear, with a copy to his superior and in case it does not materialize, file a case at the corresponding Administrative Tribunal.
There has to be a specific service/statutory rule empowering the Government to withhold retirement benefits such as pension/provident fund, etc., on the ground of pending disciplinary proceedings at the time of superannuation. In the absence of such a rule, the withholding of pension or other retirement benefits would be illegal. (See the Supreme Court's decision in Bhagirathi Jena v. Orissa State Financial Corporation (1999) 3 SCC 666 - http://indiankanoon.org/doc/653387/)
You need to check whether the Postal Department's service rules in fact do have a specific provision allowing the withholding of pension pending disciplinary proceedings. In case they don't, then your father's friend could approach the Adminstrative Tribunal seeking relief.
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