New Delhi, Sept 10 (ZEENEWS.COM) The Supreme Court has ruled that the Government can withhold the pension of an employee if he is found guilty of misconduct or negligence that causes pecuniary loss to the establishment.

A bench headed by Chief justice Y K Sabharwal said the Government can recover the loss suffered by it due to the misconduct of the employee by forfeiture or reduction of pension.

The apex court upheld the West Bengal Services (Death- cum-Retirement Benefit) Rules of 1971, which empower the state government to withhold the pension of employees.

"The State Government could not direct cut in pension of officers without giving a reasonable opportunity of hearing," the bench observed, cautioning the Government.

The High Court, in its judgment on the same matter, had said that Rule 10(1) was ultra vires to the provisions of Article 19(1)(f) and 31(1) of the Constitution. The High Court said pension was a property and its payment did not depend on the discretion of the Government.

Referring to the 44th Amendment Act, the apex court, however, said, "The right to property is no longer a fundamental right. It is now a constitutional right, as provided in Article 300A of the Constitution. Right to receive pension was a fundamental right at the time of framing of Rules in 1971."