dofp2024_00800 — Pension is property of pensioner and commutation of pension is his option subject to rules on commutation. Suo motu commutation by the employer is impermissible in law

Pension is property of pensioner and commutation of pension is his option subject to rules on commutation. Suo motu commutation by the employer is impermissible in law — This chunk is about a legal case involving an applicant who was compulsorily retired from Sports Authority of India due to disciplinary proceedings and was ordered to repay a loss caused. The applica... — Facts: The Applicant while holding the post of Supervisor in the Sports Authority of India was subjected to certain disciplinary proceedings which culminated into a penalty of compulsory retirement from service. It was also found that the Applicant caused a loss of ₹ 12,08,188 to the State which was also ordered to be recovered from the Applicant. Appeal preferred by the Applicant was unsuccessful. The authorities fixed the pension of the Applicant and of their own suo motu commuted a part of the pension without any application being made by the Applicant and withheld the said amount for adjustment towards the dues payable by him on account of the loss caused. The Applicant has filed an OA challenging the suo motu commutation of pension and claimed refund of the withheld amount of commuted value of pension with interest. Respondents contested the OA contending that the Applicant was imposed the penalty of compulsory retirement on proof of grave acts of misconduct on his part and he is also subjected to criminal proceedings which are pending and the Applicant does not deserve any sympathy and the OA is liable to be dismissed.