<p>Justices (retd) P D Dinakaran and Soumitra Sen will keep getting their post-retirement benefits, even though they resigned ahead of impeachment proceedings against them, as there are no Constitutional or statutory provisions restricting their entitlements in such a scenario.<br /><br /></p>.<p>The Department of Justice, in reply to an RTI, has said Article 221 of the Constitution of India entitles the judges to salary, allowances and such rights in case of leave of absence. They are also entitled to timely pension, determined by law made by Parliament.<br /><br />“There is no Constitutional or statutory provision restricting the judges of high courts from their entitlement to post-retirement benefits even in the case of judges resigning pre-maturely from their posts to avoid contempt proceedings,” the department said in its reply.<br /><br />Activist Subhash Agrawal had sought information on whether Supreme Court and High Court judges who resigned prematurely after probes or contempt proceedings were initiated against them, are entitled to post-retirement benefits.<br /><br />Sen, a judge of the Calcutta High Court, had resigned on September 1, last year, five days before his impeachment motion was to be taken up in the Lok Sabha.<br /><br />The Rajya Sabha on August 18 overwhelmingly approved the impeachment motion against Sen, who was held guilty of misappropriating Rs 33.23 lakh in a 1983 case.</p>
<p>Justices (retd) P D Dinakaran and Soumitra Sen will keep getting their post-retirement benefits, even though they resigned ahead of impeachment proceedings against them, as there are no Constitutional or statutory provisions restricting their entitlements in such a scenario.<br /><br /></p>.<p>The Department of Justice, in reply to an RTI, has said Article 221 of the Constitution of India entitles the judges to salary, allowances and such rights in case of leave of absence. They are also entitled to timely pension, determined by law made by Parliament.<br /><br />“There is no Constitutional or statutory provision restricting the judges of high courts from their entitlement to post-retirement benefits even in the case of judges resigning pre-maturely from their posts to avoid contempt proceedings,” the department said in its reply.<br /><br />Activist Subhash Agrawal had sought information on whether Supreme Court and High Court judges who resigned prematurely after probes or contempt proceedings were initiated against them, are entitled to post-retirement benefits.<br /><br />Sen, a judge of the Calcutta High Court, had resigned on September 1, last year, five days before his impeachment motion was to be taken up in the Lok Sabha.<br /><br />The Rajya Sabha on August 18 overwhelmingly approved the impeachment motion against Sen, who was held guilty of misappropriating Rs 33.23 lakh in a 1983 case.</p>
