STATE OF ORISSA vs KALICHAARAN MOHAPATRA

The Supreme Court held that the withholding of gratuity and final pension under Rule 6 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 was unjustified as the charges against the respondent did not constitute grave misconduct or pecuniary loss to the government. The Court found the Central Administrative Tribunal's interpretation of the rule to be incorrect, emphasizing that the pendency of a criminal case alone does not warrant withholding benefits unless misconduct is established. The Court directed the appellants to release the final pension and gratuity within ninety days.