Misconduct Of Employee , Unless Grave , Can’t Be A Ground For Pension Cut : Delhi High Court

29 March, New Delhi

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The Delhi High Court has held, misconduct of an employee, unless grave, cannot be a ground for a state to slash post retirement pensionary benefits.

A bench of justices Pradeep Nandrajog and Pratibha Rani said, mere misconduct, without a finding of it being grave, would not empower the competent authority to order a cut in pension.

The bench while disposing of a petition filed by a retired CRPF commandant, quashed an order of pension cut and the action initiated to withdraw a gallantary medal awarded to him for using official vehicle while on casual leave observing that his misconduct was not grave.

The judges said, the penalty imposed upon the petitioner of 5 per cent cut in pension for six months is set aside and the action initiated to withdraw the gallantry medal awarded to the petitioner is also quashed.

The petitioner had challenged the charges and penalties imposed for using service car and escort vehicle to return from his residence at Chandigarh to his base at 14 Battalion of CRPF at Amritsar in 1993, an act which was considered serious misconduct and unbecoming of government servant.

Under the provisions of conduct rules, officers on casual leave are not entitled for government vehicles.