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Pension delay by 7 years and charge sheet against rules, what to do


12-Oct-2023 (In Labour & Service Law)
I joined through proper channel in Mumbai in 2010, relieved from previous services in 2011(UP), Got Chargesheet from previous employer in 2012, Inquiry done in May 2017 with clean chit and now Disciplinary Authority disagree with my Inquiry Report in Sept. 2017. is there suit a file in Court of Mumbai and compensation etc.
Answers (1)

Answer #1
676 votes
The Supreme Court has held that this right cannot be taken away from a government employee pending departmental or criminal proceedings. “It is an accepted position that gratuity and pension are not the bounties. An employee earns these benefits by dint of his long, continuous, faithful and un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A of the Constitution of India.
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