K.M.JOSEPH, J - (1.) This appeal by special leave is directed against the judgment of the High Court in Special Civil Application filed under Articles 226 and 227 of the Constitution of India by the appellants wherein appellants challenged the order dated 29.10.2013 passed by the Central Administrative Tribunal (hereinafter referred to as the "Tribunal"). The Tribunal by the impugned order quashed order dated 12.03.2013 and directed the appellants to pay interest at the rate applicable to the Provident Fund deposits for the delay occurred in payment of DCRG and Commuted Value of Pension (hereinafter referred to as the "CVP") from 01.08.2008 till the date of payment.
(2.) The first respondent (hereinafter referred to as the "applicant"), who filed the application before the Tribunal was granted provisional pension by proceeding dated 04.08.2008. It reads as follows:- "Sub: Retirement on superannuation of 31.7.2008 A/N-Cases of officers of STS of Executive Grade (Ad-hoc) Regarding. In accordance with BSNL New Delhi order No. 35/1/2007 Pers-1 date 3.7.2008 and on approval of the competent authority, the following officers of STS of Executive Grade) adhoc permanently abscribed in BSNL are permitted to retire from BSNL services on attaining the age of superannuation w.e.f. 31.7.2007 (A/N). JUDGEMENT_38_LAWS(SC)3_2019_1.html 2. The BSNL CO. ND has intimated that the vigilance clearance in respect of Shri M.A. Paatel, (SL. No. 5) DE, O/o PGMTD Surat has not received from Vigilance Cell of BSNL and therefore the officer shall be given only provisional pension and the DCRG and CVP shall be withheld till the conclusion of the vigilance/ disciplinary case as per CCS (Pension) rules 1972. 3. It may please be ensured that there is no Vig/ Disc case pending or contemplated against any of the above officer mentioned above as on the date of retirement. If any such case comes to notice, only provisional pension shall be granted to the officer (s) and his DCRG and CVP shall be withheld till the Vigilance clearance is accorded. 4. Copy of the charge relinquishing report may be sent to this office in respect of all concerned." Though, the Anti-Corruption Bureau (hereinafter referred to as the "ACB") had registered a case against the applicant, the investigating officer, however, had found no evidence against him. Investigating officer had submitted A-summary before the Principal District Sessions, Judge, Banaskantha, Palanpur, who refused to accept the summary. The State of Gujarat thereupon challenged the order. On 30.03.2012 the criminal revision application, filed by the State, was allowed according sanction to the investigating officer to file A-summary report before the trial Court. The applicant applied for interest on pensionary benefits i.e. DCRG and CVP, which, was rejected, on the basis that the criminal revision petition, filed by the State, against the order of the trial Court refusing to accept the A-summary was disposed of and that after the order of the High Court and Vigilance clearance the amounts were paid. He approached the Tribunal and the Tribunal directed payment of interest. The High Court in the writ petition, filed by the appellants, has reasoned that on 01.08.2008 (the applicant was to retire on superannuation on 31.07.2008), there were no criminal proceedings against him. The High Court, inter alia, held as follows: "We are unable to accept the said submission as narrated hereinabove. There were no criminal proceedings on 01.08.2008. All that the High Court in its order has done directing the authority below, which is produced at page no. 219 at Para 14, which read as under; 14. The report made to the Court below by the investigating officer was, therefore, made under Section 173 of the Code and the Court was required to pass an order under Section 173(4) of the Code, which the Special Court has failed to do. The order passed by the learned Principal District and Sessions Judge, Banaskantha at Palanpur, dated 03.05.2006 is, therefore, set aside. The prayer sought by the investigating officer for Summary "A" is allowed. Accordingly, present revision application is allowed. Rule is made absolute to the aforesaid extent. Muddamal currency note be confiscated to the State. It will relate back to the date of filing of A-Summary, which is prior to the date when the respondent retired. More particularly, in the year 2007, when the Criminal Revision Application was filed before this High Court."
(3.) It was found that it related back to the A-summary, which is prior to the date, when the applicant retired, more particularly, in the year 2007, when the revision was filed in the High Court.;