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Criminal Proceeding against denial of Pension


08-Apr-2023 (In Criminal Law)
Hon’ble Supreme Court has held that right to receive Pension and Leave Encashment are right to property and can not be withheld without due process of Law. My question is Can Criminal Proceedings be initiated against deprivation of right to property? If yes, how to proceed?
Answers (2)

Answer #1
718 votes
no, criminal proceedings cannot be initiated against them according to service jurisprudence all you can do is file a petition in high court against them and if the court's direct in your favour and then also they your payment is not being made then you can initiate contempt proceedings against them.
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Answer #2
832 votes
Dear Client,

If the pensionary benefits and leave encashment claims are denied in the circumstances as such the claimant moves either to the Hon'ble High Court or to the appropriate tribunal raising his grievances.

Regards
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