Petitioner challenged non-release of full pension due to subsequent criminal case. Court cited precedent noting Rule 66 applies only if proceedings pending at retirement date, granting liberty to approach authority.
Grant of liberty to petitioner to file representation within three weeks to concerned authority for consideration of pension release.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 24411 of 2019
Nibas Chandra Rout …. Petitioner
Mr. L.K. Mohanty,
Advocate
-Versus -
Order No. 4.
State of Odisha and others Opposite Parties
….
Mr. P.K.Panda,
Standing Counsel (S&ME.
Deptt.)
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
26.09.2022
1. These matters are taken up through hybrid mode.
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pension has not been released in his favour as yet. As such, he has approached this Court seeking the following relief:-
“It is therefore prayed that this Hon’ble Court may graciously be pleased to issue notice to Opp. Parties, calling upon them to file show cause as to why a direction shall not be issued for release of pension and pensionary benefits in favour of the petitioner and after hearing the parties Hon’ble Court be pleased to direct the Opp. Parties to release the pension and pensionary benefits of the petitioner in Matric C.P.Ed scale of pay as under Annexure-7 along with 7% in interest from the date of retirement.”
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pending as on the date of his retirement. Mr. Mohanty, referring to the above provision submits that as on 30.11.2017 admittedly, no proceeding either departmental or criminal was pending against the petitioner. Since the charge sheet was submitted on 16.10.2019, the criminal proceeding can only be treated as pending from that date in view of the law laid by the Apex Court in the case of Union of India vs. K.V. Jankiraman , reported in AIR 1991 SC 2010. Mr. Mohanty has also relied upon two decisions of this Court. In the case of Brajasundar Patnaik vs. Government of Orissa and others , reported in 2008 (I) OLR-384, a Division Bench of this Court held that the Rule 66 would not apply where no departmental or judicial proceedings are pending on the date of retirement against the Government Servant. Similar view was also taken by a coordinate bench of this Court in the case of Krushna Chandra Mallick vs. State of Orissa and others as per judgment rendered on 26.07.2022 (W.P.(C) No. 22572 of 2019). This Court finds that the above aspects had neither been placed before the authorities nor considered by them. Since the authorities concerned are to take a decision in this regard at the first instance, the writ petition is disposed of granting liberty to the petitioner to approach the concerned authority, i.e. opposite no.3 by submitting a representation within a period of three weeks. If such a representation is submitted, the opposite party no.3 shall do well to consider the same in accordance with law as also the observations made in this order and dispose of the same after granting opportunity of hearing to the petitioner within a period of three weeks thereafter. If, on consideration of the relevant facts, the
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petitioner is found entitled to full pension and other pensionary benefits, necessary order shall be passed to release the same in his favour without any further delay.
( Sashikanta Mishra) Judge
B.C. Tudu
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2 issues framed by the court
Whether pension can be withheld due to pending criminal proceedings initiated after retirement.
Whether Rule 66 of Pension Rules applies when no proceedings were pending on the date of retirement.
Colour shows how this judgement treated each authority
Union of India vs. K.V. JankiramanReferred¶15
Union of India vs. K.V. Jankiraman, AIR 1991 SC 2010 · Who else cites this
Brajasundar Patnaik vs. Government of Orissa and othersRelied on¶15
Brajasundar Patnaik vs. Government of Orissa and others, 2008 (I) OLR-384
Krushna Chandra Mallick vs. State of Orissa and othersRelied on¶15
Krushna Chandra Mallick vs. State of Orissa and others, W.P.(C) No. 22572 of 2019
Nibas Chandra Rout
State of Odisha
SASHIKANTA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
