The Madras High Court (Madurai Bench) held that a conviction under Section 138 of the Negotiable Instruments Act cannot be termed as an offence involving moral turpitude, and denial of statutory pension to the retiree based on such a conviction is impermissible.
The Court therefore quashed the order passed under Rule 8 of Tamil Nadu Pension Rules, 1978, whereby the pension was stopped without offering an opportunity to the petitioner, and directed the Treasury Officer (respondent) to release the pension and to pay the arrears of pension, if any, within a period of twelve weeks.
A Single Judge Bench of Justice K. Kumaresh Babu referred to the Pension rules to observe that a person failing to have future good conduct would be disentitled from receiving the pension. However, Section 138 of the Negotiable Instruments Act arises out of a contractual dispute between the parties, and involvement therein cannot be said to be an offence that affects the conduct of the person.
Briefly, the petitioner had superannuated from service in the police department, and he had been receiving a pension. In the meantime, the petitioner was inflicted with the punishment under Section 138 of the Negotiable Instruments Act, for which he had suffered an order of conviction. Resultantly, by invoking the provision under Rule 8 of the Tamil Nadu Pension Rules, 1978, the pension was stopped without offering an opportunity to the petitioner.
Appearances:
Advocate R. Karunanidhi, for the Petitioner
Advocate F. Deepak, for the Respondent
