https://www.taxtmi.com/caselaws?id=237839 Pensionary benefits are property and can be withheld only by authority of law; executive instructions cannot authorise deprivation where the governing pension rules do not confer such power. Rule 43(b) of the Bihar Pension Rules permitted withholding or withdrawal of pension only after a finding of grave misconduct in departmental or judicial proceedings, and did not allow withholding during pending proceedings. The same principle applied to gratuity and leave encashment, because no rule empowered the State to withhold those payments in the circumstances described. en-us Wed, 14 Aug 2013 00:00:00 +0530 Wed, 22 Jun 2022 12:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237839 Pensionary benefits are property and can be withheld only by authority of law; executive instructions cannot authorise deprivation where the governing pension rules do not confer such power. Rule 43(b) of the Bihar Pension Rules permitted withholding or withdrawal of pension only after a finding of grave misconduct in departmental or judicial proceedings, and did not allow withholding during pending proceedings. The same principle applied to gratuity and leave encashment, because no rule empowered the State to withhold those payments in the circumstances described. Case-Laws Indian Laws Wed, 14 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237839