Jharkhand High Court Rules Against Withholding Pensionary Benefits During Criminal Proceedings

In   W.P.(S) No. 3987 of 2021, where the petitioner was a lecturer who was charged with six criminal cases lodged against her by the Vigilance department,  acquitted in three cases, while the other three cases are pending, the single judge bench of Jharkhand High Court observed that the petitioner was compulsorily retired from her services and no departmental enquiry was conducted against her. The court held that the employer could not withhold employee’s pensionary benefits based on the pending criminal cases. Pension is deferred salary, akin to right to property. Hence the payment was directed to be made by the employer.