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| Govt can recover losses from pension, rules DB | | | Early Times Report
Jammu, Aug 20: In a landmark ruling, the High Court of Jammu & Kashmir and Ladakh today held that the Government is empowered to recover financial losses from the pension of a retired employee, though no major service penalties like dismissal can be imposed post-retirement. A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem delivered the judgment while allowing an appeal filed by the UT Government and J&K State Power Development Corporation against a Single Judge’s 2023 order in favour of Aftab Ahmad Malik, a retired Stores Officer of the Lower Jehlum Hydel Project (LJHP), Baramulla.
Malik, accused of negligence in the 2012 copper bar embezzlement case worth over ₹57.72 lakh, had secured relief last year when the Single Judge quashed the inquiry and ordered release of retiral benefits. The Division Bench, however, ruled that since disciplinary proceedings were initiated in 2013—prior to Malik’s retirement in 2017—the Government could lawfully continue them to assess and recover losses.
The Court clarified that Malik would remain entitled to provisional pensionary benefits pending the conclusion of the inquiry. (JNF) |
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