The Madurai Bench of the Madras High Court has directed the authorities to release the pension of a retired policeman and also pay the arrears in 12 weeks.
The court was hearing a petition filed by Srinivasan of Virudhunagar district. The petitioner had retired from service in the police department. He had been receiving pension. He was convicted for the offence under Section 138 of Negotiable Instruments Act (Dishonour of cheque for insufficiency of funds).
Invoking the provisions under Rule 8 of the Tamil Nadu Pension Rules, 1978, the pension had been stopped without offering an opportunity to him, he said and challenged the order.
Justice K. Kumaresh Babu observed that a conviction under Section 138 of Negotiable Instruments Act cannot be termed as an offence involving moral turpitude.
The pension rules provide that a person’s failure to have a future good conduct would disentitle him from receiving the pension. Section 138 of Negotiable Instruments Act arises out of contractual dispute between the parties. The involvement cannot be said to be an offence which affects the conduct of the person, the court observed and directed the authorities to release the pension to the petitioner and also pay the arrears of pension.
Published – November 01, 2025 07:20 pm IST
