Supreme Court of India · 2016-11-29
BINDESHWARI CHAUDHARY vs STATE OF BIHAR .
- Citation / case number
- SC 2008/25700
- Court
- Supreme Court of India
- Petitioner
- BINDESHWARI CHAUDHARY
- Respondent
- STATE OF BIHAR .
- Author
- Prafulla C. Pant
- Bench
- PRAFULLA C. PANT J. CHELAMESWAR
Judgment text excerpt
The Supreme Court addressed the legality of withholding 50% of gratuity and pension of the appellant, an Executive Engineer, under the Bihar Pension Rules. The Court held that the withholding of gratuity and pension must be justified by a proper inquiry and that the appellant was entitled to full benefits unless proven otherwise. The Court set aside the High Court's order allowing the withholding, emphasizing the need for adherence to procedural safeguards under Article 14 and Article 21 of the Constitution of India.