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 High Court recently directed the state government to disburse pension benefits to a former policeman which were stopped for the above reason.
Justice K Kumaresh Babu passed the order on a petition filed by A Srinivasan seeking direction to pay him his monthly pension, which he has not received since March 2024.
According to the petitioner’s counsel, Srinivasan retired from service from the police department and was receiving a monthly pension. In the meantime, he was convicted of cheque dishonour. Citing this, the government stopped his increment under Rule 8 (Pension subject to future good conduct) of the Tamil Nadu Pension Rules, 1978, without giving him an opportunity to be heard, the counsel added. Stating that a pension cannot be withheld for conviction under the NI Act, that too without following the due process of law, he sought the above relief.
However, the government counsel alleged that Srinivasan was repeatedly convicted for offences under the NI Act, which amounts to grave misconduct. Under Rule 8, the pensioner should have good conduct, and if good conduct is not shown, the pension could be stopped, he pointed out.
Hearing both sides, Justice Babu observed that Section 138 of NI Act arises out of a contractual dispute between the parties. Involvement in it cannot be said to be an offence which affects the good conduct of the person, he added, and quashed the stoppage of punishment and directed the treasury authorities to release pension to Srinivasan along with arrears within three months.
