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november 2016

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.

BINDESHWARI CHAUDHARY vs STATE OF BIHAR . · Niyam