The Delhi high court has sought a response from the Indian Institute of Technology on a plea challenging its decision to withhold post-retirement benefits of 1 of its employees who was facing allegations of cruelty by his daughter-in-law.
A bench of justice DN Patel and Justice Amit Bansal issued notice on the plea by a junior lab assistant who claimed that gratuity and pension are “hard-earned benefits of an employee” and can’t be quarantined on account of the pending criminal proceeding.
“Issue notice. Let counter affidavit be filed before the following date of hearing,” the court said in its order dated September 20.
The petitioner, represented through lawyer Preeti Singh, has contended in his plea that the employer institution arbitrarily withheld his post-retirement benefits, without following the principle of natural justice or a good procedure.
The petitioner has further argued that the criminal proceedings initiated by daughter-in-law for the alleged offence under section(s) 498A, 406, and 34 (cruelty and criminal breach of trust) of the Indian legal code couldn’t be considered as grave misconduct or a corrupt practice under The Central Civil Services (Conduct) Rules, 1964 and so the choice to withhold the advantages deserved to be reversed.
“Mere filing of a criminal case against the petitioner which too per the matrimonial issue doesn’t establish or prove the very fact that complainant may be a criminal or he’s a person with no integrity,” the plea said.
