JYOTI SINGH,J. - (1.)By way of the present petition, the Petitioner seeks a direction to the Respondent to release his retiral benefits amounting to approximately Rs. 98.98 Lakhs. Broadly classified the retiral benefits sought are under the following heads:-
a) Gratuity

b) Leave Encashment

c) Provident Fund

(2.)The facts of the case relevant to the adjudication of the writ petition are in a narrow compass. Petitioner was an employee of the Respondent and retired as Chief General Manager (Finance/MIS) on 31.01.2020, after 35 years of service, which according to the Petitioner was unblemished. On 01.02.2020, a day after his retirement, Petitioner was served with a scanned copy of a letter dated 31.01.2020 containing allegations amounting to misconduct regarding a Mega International event 'Textile India-2017', organized by Ministry of Textiles, wherein Respondent/NTC had participated. A detailed narrative of the file notings which preceded the issuance of Charge Memo has been given by the Petitioner but is unnecessary for the adjudication of the issues under consideration by this Court. Suffice would it be to note that the Charge Memo was issued under Rule 25 of the National Textile Corporation Limited Conduct, Discipline and Appeal Rules, 2009 (hereinafter referred to as 'Rules, 2009'). In a nutshell, the charges are with respect to the designing, construction and maintenance of NTC stalls at the Textile India in 2017 and the allegations against the Petitioner are that subsequent to the direction of the Director (Finance), Petitioner recommended to concur with the proposal for construction and maintenance of the stall, which led to higher cost of the tender and shortlisting of the party in a haphazard manner. The process which was based on a report of the Tender Evaluation Committee was, as per the allegations, not transparent.
(3.)As per the Petitioner he was provided 10 days to file a written Statement of Defence and the relevant file was provided to him on 07.02.2020. Petitioner filed a response to the Charge Memo denying the charges and on the same date i.e. 14.02.2020 he also moved an application before the Director (HR)/CNB, NTC Limited, seeking release of his retiral benefits. On 19.02.2020 imputation of charges and the Annexures-II, III and IV were provided to the Petitioner and the Petitioner thereafter filed an additional reply on 28.02.2020, wherein he also requested for a copy of the complaint and the Report of the Chief Vigilance Officer, which according to the Petitioner is still awaited.