Refusing to restore the pension of SPS Rathore former Director General of Police (Haryana),the Ministry of Home Affairs (MHA) on Wednesday moved the Punjab and Haryana High Court against the order of Central Administrative Tribunal (CAT),Chandigarh.
In its order,on December 8,2011,the Tribunal had ordered restoration of Rathores pension,which was withdrawn by the Central government after Rathores conviction. A Bench issued notices to Rathore asking him to respond to the petition filed by MHA by July 3.
Rathore was convicted by a Chandigarh Court on charges of molesting Ruchika Girhotra.
The pension of Rathore,who is at present out on bail granted by the Apex Court,was withheld by MHA on June 23,2010 following advise by the Union Public Service Commission.
Rathore had challenged the orders before CAT and then filed a contempt of court petition against Union Home Secretary,when his pension was not resumed.
Comparing his case with that of KPS Gill,former Punjab DGP,Rathore had stated before the Tribunal that no order for withholding pension of K P S Gill,who has also been found guilty of molestation,has been passed.
Counsel for MHA averred that as per Supreme Court directions,the MHA does not have to wait for directions of the Apex Court to withdraw pension.
The counsel argued that if the Apex Court passes a judgement setting aside Rathores conviction,his pension can be restored.