The Gujarat high court held an important judgement regarding the state government employees, and has said that the state government can stop the pension of such a government employee or officer if they are convicted of a serious crime, whether they continue their service or retire.

Punishments post-retirement too

The state government can stop the pension of that pensioner without giving a show-cause notice, if a government employee or official has been convicted by a court for a serious crime. The government can even take action against the employee post-retirement. 

The judgement

A bench of Justice AS Supehia and Justice MR Mengade cited Rule-23 of the Pension Rules 2002, saying that if a pensioner has been convicted of a serious offence by the trial court and the sentence has stayed in a criminal appeal, then a decision can be taken regarding withholding or withdrawing the pension of the pensioner.

The high court clearly stated that there is no need for the state government to hear or give an opportunity of hearing to the punishable government employee before taking an administrative decision to stop the retired employee's pension.

The HC addressed a few important questions

In case the trial court has convicted a pensioner for a serious offence, the government (disciplinary authority) need not wait for the outcome of the criminal appeal filed against that sentence; the government may take a decision under the provisions of sections 23 and 24 of the Gujarat Civil Services (Pension) Rules-2002.

Under section 23(2) of the Gujarat Civil Services (Pension) Rules-2002, the disciplinary authority is not even required to issue a show-cause notice to the pensioner before taking steps to suspend the pension of the pensioner.

If a show-cause notice has been issued to a pensioner as an administrative instruction by the government, it cannot be treated as departmental proceedings.

If a pensioner (retired government employee or officer) is convicted of a serious offence by a trial court, action can be taken against the pensioner under Rules 23(2) and 24(1); there will be no time limit.

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