New Delhi: Justices (retd) PD Dinakaran and Soumitra Sen would 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.
Department of Justice in an RTI reply has said Article 221 of the Constitution of India provides for entitlement and rights of Judges to salary, allowances and such rights in respect of leave of absence and pension from time to time determined by law made by Parliament.
"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-matured from their posts to avoid contempt proceedings," the department said in its reply.
Activist Subhash Agrawal had sought to know from the department whether judges of Supreme Court and High Courts resigning prematurely from their posts, as follow-up of Parliamentary committees starting process to probe or initiating contempt proceedings against them, are eligible for normal post-retirement benefits.
Justice Soumitra Sen 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.
The Rajya Sabha had on August 18 overwhelmingly approved the impeachment motion against Justice Sen who had been held guilty of misappropriating Rs. 33.23 lakh in a 1983 case.
The then Chief Justice of Sikkim High Court PD Dinakaran had resigned on July 29 last year, a day ahead of the hearing of the three-member inquiry committee appointed by the Rajya Sabha Chairman to probe charges of land grabbing and acquiring of assets disproportionate to his known sources of income.