Once criminal proceedings are going on, person cannot seek release of full pension: HC

Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court holds that Once criminal proceedings are going on against the petitioner, he cannot seek release of full pension at this stage.

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This judgment has been passed in a petition filed by one Mustaq Ahmed Khan 1. challenging order dated 03.10.2023 issued by respondent No.2, whereby penal-

ty of compulsory retirement with no effect on his pension/gratuity has been imposed upon him.

As per case of the petitioner, he was working in paramilitary force and later on superannuated in the year 1999. He got re-engaged with the respondents in ExServiceman category in the year 2003 and was posted at International Airport, Srinagar. It has been pleaded that the petitioner had entered into wedlock with one lady, namely, Sarwar Jan that ended in divorce in terms of divorce deed dated 20.08.2017. It has been further submitted that later on the petitioner entered into a fresh wedlock with another lady, namely, Sajida Alia Tabasum as per Muslim law. However, due to ill health of his second wife, she left the petitioner and he had to divorce her as well.