‘Release pension of retired policeman’

The Madurai Bench of the Madras High Court has directed the authorities to merchandise the pension of a retired policeman and besides wage the arrears successful 12 weeks.

The tribunal was proceeding a petition filed by Srinivasan of Virudhunagar district. The petitioner had retired from work successful the constabulary department. He had been receiving pension. He was convicted for the offence nether Section 138 of Negotiable Instruments Act (Dishonour of cheque for insufficiency of funds).

Invoking the provisions nether Rule 8 of the Tamil Nadu Pension Rules, 1978, the pension had been stopped without offering an accidental to him, helium said and challenged the order.

Justice K. Kumaresh Babu observed that a condemnation nether Section 138 of Negotiable Instruments Act cannot beryllium termed arsenic an offence involving motivation turpitude.

The pension rules supply that a person’s nonaccomplishment to person a aboriginal bully behaviour would disentitle him from receiving the pension. Section 138 of Negotiable Instruments Act arises retired of contractual quality betwixt the parties. The engagement cannot beryllium said to beryllium an offence which affects the behaviour of the person, the tribunal observed and directed the authorities to merchandise the pension to the petitioner and besides wage the arrears of pension.