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Can convicted person under POC claim pension benefits


13-Feb-2023 (In Criminal Law)
My father was charged under prevention of corruption act while in service, and after retirement he was convicted, and in April 2015 he was sentenced for 2 yrs. He received his pension till the date of his conviction. His pension was withheld during his sentence period. He was released for good conduct. Please clarify whether he is eligible to claim the pension by filing a petition.
Answers (2)

Answer #1
797 votes
No he cannot claim compensation as he was charged and was found guilty of the crime and also underwent conviction. he must have been terminated from the service as well once he was convicted. he was no longer in the organisation and is not entitled to any kind of benefits.
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRato Delhi | 5+ Answers
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Answer #2
873 votes
Mostly the cases under the corruption is described as an offence against the society. In your father's case he has been punished with 2years and he already under went the punishment & has been discharged means he can claim is pensionary benefits which was getting by him previously. A person should not be punished twice for an offence. So , your father can surely approach the court for the direction. Ask him to send a detailed representation to the higher authorities ,before filing a case.
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Advocate K Prema

Adv. K Prema

LawRatoChennai | 200+ Answers
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