M.S.SHAH, J - (1.) This appeal is directed against the judgment and order dated 19th / 21st January 2006 of the learned Single Judge, rejecting the petitioner's claim for interest on delayed payment of pension and other retiral benefits and also giving certain directions, particularly the directions to the State Government to entrust the investigation to the Central Bureau of Investigation (CBI) regarding alleged financial irregularities at the Medical College, Bhavnagar during the period from 1996 to 1998, and to allow access to CBI to all other material and record related to the misconduct alleged against the petitioner. The learned Single Judge also directed that the report of investigation shall also be submitted to this Court within three months.
(2.) The facts leading to filing of this appeal are as under : The app Institute of Chartered Accountants of India v. L.K.Ratna, AIR 1987 SC 71 ellant-petitioner who was holding the substantive post of a Professor in Government Medical Colleges was permitted to voluntarily retire in December 1999. However, he was not being paid the retiral dues and was subjected to two departmental inquiries by issuance of chargesheets in May/July 2002 in respect of irregularities to the tune of Rs.3.5 lakhs in the matter of purchases made when the appellant was the Director of Central Stores Organization between June 1998 and December 1999. Hence the appellant herein filed three petitions - two petitions for challenging the above departmental inquiries commenced after his retirement and the third petition for his retiral dues. By order dated 2.8.2004, a learned Single Judge of this Court (Coram : Hon'ble Ms Justice RM Doshit) disposed of those two petitions by directing the Government to complete the inquiries within six months, failing which the inquiries shall stand quashed. In view of non-completion of the inquiries within six months, the order of the learned Single Judge operated by its own force. The application made by the Government for extension of the time-limit came to be rejected by the learned Single Judge on 17.6.2005. In this appeal, we are not concerned with the orders passed in those petitions, except for the fact that quashing of those inquiries enabled the appellant to press the third petition.
(3.) .The third petition was Special Civil Application No.9583 of 2003 (giving rise to the present appeal) in which the appellant had prayed for the following substantive reliefs:- (A) direct the respondent-authorities to finalise the pension case of the petitioner and make payment of pension, gratuity and commutation of pension, and (B) direct the respondent authorities to make payment of interest for the delayed payment of the retirement benefits to the petitioner, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case.? 3. Affidavit-in-reply dated 24.8.2003 was filed by the Accounts Officer for contesting both the prayers. In the said affidavit, it was stated that when the appellant was In-charge Dean, Medical College, Bhavnagar between April 1995 and May 1998, certain grave irregularities were allegedly committed during the appellant's tenure as Dean and the irregularities ran into approximately Rs.45 lakhs for which the purchase record was missing from the college and for which no contingency vouchers were placed on record explaining the same. It was also stated that the Secretary, Health & Family Welfare Department directed the Additional Director, Medical Education to look into the matter expeditiously as 31 bills amounting to Rs.81 lakhs were missing from the record and police complaint with regard to the same was to be filed. Hence time taken for non-payment of pension was sought to be explained with reference to the alleged irregularities during the period when the appellant was Dean of the Medical College, Bhavnagar from 29.4.1995 to 21.5.1998. It is clear that while the appellant was served with charge-sheets in two departmental inquiries in May/July 2002 (referred to in para 2.1 above) in respect of purchases made when the appellant was Director of Central Medical Stores Organization in 1998-1999, the subject matter of those inquiries was alleged irregularity involving amount of Rs.3.50 lakhs in each departmental inquiry, the appellant was not served with any charge-sheet regarding the alleged irregularities at Bhavnagar.;