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Pension Cannot Be Withheld for Section 138 NI Act Conviction

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The petitioner retired from the police department and receiving pension from the Government.

However, he was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881.   By the impugned order under Section 8 of the Tamil Nadu Pension Rules, 1978, the pension of the petitioner was stopped.

HELD that the offence of section 138 arises out of the contractual dispute between the parties, the involvement cannot be said to be an offence affecting the conduct of a pensioner and such conduct cannot be implied to affect his good conduct.  The conviction under Section 138 NI Act cannot be termed as an offence, involving moral turpitude.

Judgment dated 13.10.2025 of the High Court of Madras, Madurai Bench, in Writ Petition (MD) No.24101 of 2025 Srinivasan Vs. The Director, Treasury and Accounts Department and others

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