STATE OF JHARKHAND vs JITENDRA KUMAR SRIVASTAVA

The Supreme Court ruled that in the absence of explicit provisions in the Pension Rules, the State Government cannot withhold a portion of an employee's pension or gratuity during the pendency of departmental or criminal proceedings. The Court upheld the High Court's decision directing the release of the withheld pension and gratuity, emphasizing that such withholding is not permissible without clear statutory backing. The appeal by the State of Jharkhand was dismissed, affirming the rights of the respondent to receive his dues.