Supreme Court of India · 1994-12-07
U.O.I. vs P.K. DUTTA
- Citation / case number
- SC 1994/12992
- Court
- Supreme Court of India
- Petitioner
- U.O.I.
- Respondent
- P.K. DUTTA
- Author
- B.P. JEEVAN REDDY
- Bench
- B.P. JEEVAN REDDY
Judgment text excerpt
The Supreme Court allowed the appeal by the Union of India, overturning the Delhi High Court's order that directed the disbursement of retrial benefits to the respondent, a retired Brigadier. The Court held that the High Court erred in not considering the pendency of disciplinary proceedings that could affect the forfeiture of retrial benefits under Regulation 16(a) of the Pension Regulations. The Court emphasized that cashiering does not automatically forfeit retrial benefits, but the ongoing proceedings must be taken into account before any disbursement is made.