MADURAI: Observing that a conviction under Section 138 (cheque dishonour) of the Negotiable Instruments Act, 1881, cannot be termed as an offence involving moral turpitude warranting stoppage of pension, the Madurai Bench of Madras HC recently directed the state to disburse pension benefits to a ex-policeman.
Justice K Kumaresh Babu passed the order on a petition filed by A Srinivasan seeking direction to pay him monthly pension, which he has not received since March 2024.
The petitioner’s counsel said that Srinivasan was receiving a monthly pension, while he was convicted of cheque dishonour. Citing this, the government stopped his increment under Rule 8 (Pension subject to future good conduct) of the TN Pension Rules, 1978, without giving him an opportunity to be heard, the counsel added. The government counsel alleged that Srinivasan was repeatedly convicted for offences under the NI Act.
Hearing both sides, Justice Babu observed that involvement in Section 138 of NI Act cannot be said to be an offence and directed the treasury authorities to release pension.