On January 6, 2026, Rajasthan High Court gave a big relief to 68-year-old Shri Ram and ordered his employer to release his full pension and other benefits. As a disciplinary action, the department had frozen 100% of his pension for life. The High Court said that this decision is arbitrary and illegal, against the established principles of law.
What was the matter?
Shri Ram was accused of using fake Scheduled Caste (SC) certificate to get a government job. Later, in a case of land purchase, he had declared himself a Jat Punjabi. However, both the departmental investigating officer and the criminal court acquitted him of all charges. Despite this, the departmental authority disagreed with the report of the investigating officer and stopped his entire pension under Rule 7 of the Rajasthan Pension Rules, 1996.
Important comment of High Court
The court found that the decision to stop the pension was based only on the statement of the Tehsildar, which was recorded by the police under Section 161 of the Code of Criminal Procedure (CrPC) on January 7, 2013. But that Tehsildar was presented as a witness neither in the departmental investigation nor in any court. The High Court clearly said that the statement recorded under Section 161 cannot be considered as independent and solid evidence unless the witness is produced and given an opportunity for cross-examination.
Violation of principles of natural justice
Justice Ashok Kumar Jain said that withholding pension on the basis of mere statement of a witness without producing him is a violation of the principles of natural justice. Citing the old decisions of the Supreme Court, the court said that such statements are valid only when the witness is given an opportunity to cross-examine.
last order
The High Court canceled the order of stopping the pension of 19 August 2020 and directed to give all the benefits to Shriram. The court held that when he has been acquitted in a criminal case and no appeal is pending, the action taken against him is wrong.