PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court
Case: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur
Coram: Justice S Sunil Dutt Yadav and Justice Vijaykumar A Patil
Case No.: Writ Appeal No. 100422 of 2023.
Court observation: “The judicial proceedings instituted by third parties under the PC Act cannot be considered to be proceedings instituted under Regulation 171. Proceedings instituted by third parties cannot be construed to fall within the category of judicial proceedings permitting the employer to withhold the pension of the employee.”
“any pecuniary loss caused to the Board”, are required to be construed as a condition precedent even as regards enquiry sought to be initiated after attaining superannuation in terms of Regulation 172(b). Such interpretation would be necessary taking note of the nature of the pension being a reward for the past services rendered and if sought to be withheld, the same must be sanctioned by the applicable regulation.”
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