Telangana High Court Bars Govt Withholding Pension After ACB Acquittal
The judge was of the view that the government’s stand that it was withholding the benefits on the ground that it would file an appeal against the acquittal was not valid: Reports
HYDERABAD: The Telangana High Court has made it clear that the government cannot withhold the retirement benefits of an employee even after he was acquitted in a criminal case registered by the ACB on charges of accepting illegal gratification.
Justice Namavarapu Rajeshwar Rao of the High Court faulted the government for withholding pensionary benefits of 80-year-old retired assistant civil surgeon Dr M. Suresh Kumar since 2006. The judge was dealing with a petition filed by Dr Kumar, who approached the High Court stating that the government had not released the full pension amount and retirement benefits including medical reimbursement even after he was acquitted in the ACB case.
Dr Kumar was booked by the ACB in 2001 and retired on November 30, 2006. He was convicted by a trial court on May 2, 2007. Based on this conviction, the government issued GO Rt No. 142 on February 4, 2008, imposing the punishment of 100 per cent cut in pension and permanent withholding of his gratuity amount. He was later acquitted from the charges of demanding or accepting bribes. Dr Kumar requested the court to direct the government to pay the withheld pension benefits and gratuity along with an interest of 12 per cent per annum.
The judge was of the view that the government’s stand that it was withholding the benefits on the ground that it would file an appeal against the acquittal was not valid. The judge directed the petitioner to submit a fresh representation to the department within two weeks from the date of the order and also directed the principal secretary, health, medical and family welfare department, and others to dispose of the representation within eight weeks thereafter.