The Central Administrative Tribunal (CAT) has directed the Centre to release the provisional pension of a retired Delhi police inspector sentenced to 8 years' prison term in a custodial death case.
Rishi Prakash Tyagi, who was awarded death penalty by the trial court in 2006, was denied provisional pension in 2007 by the department after it forwarded a report to the President to decide on his pension and gratuity.
Though his sentence was reduced by the High Court in 2008 to 8 years' jail term, his provisional pension was not released by the department since January 2007, forcing him to approach the tribunal for relief.
"The Centre is directed to continue payment of provisional pension to Tyagi beyond January 31, 2007 and make good non-payment, if any, by way of arrears, until final orders are passed in the departmental or judicial proceedings," said N D Dayal, Member of the tribunal.
The tribunal also noted that the department had not received any presidential order for withholding the pension and gratuity of the retired inspector.
"Under Central Civil Services (Pension) Rules, the entitlement of the applicant for provisional pension has not ceased," the CAT said.
Tyagi, who retired from service in 2002, filed an appeal in the Supreme Court against his conviction and sentence.