- (1.) The present Writ Petition has been filed by the Petitioner under Article 226 of the Constitution of India making the following prayers: (a) Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned orders dated 7.12.2004 passed by Hon'ble Central Administrative Tribunal, Allahabad Bench, Allahabad (Annexure No. 12 to this writ petition). (b) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to pay leave encashment alongwith interest @ 18% per annum since 30.9.1995 till the date of actual payment. (c) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to pay interest @ 18% per annum on C.G.E.I.S (since 30.1.1995 to August 1996), on security deposits, on the amount of back wages for suspension period (i.e. 30.5.1995 to 13.3.1999) and 18% interest per annum on gratuity. (d) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to calculate the commutation value on the basis of age factor on 30.9.1995. (e) Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case; (f) Award cost of this petition to the Petitioner. It appears that the Petitioner was working on the post of Store Superintendent (Civilian Group 'C' Post) in Ordnance Depot, Fort, Allahabad. The Petitioner was suspended on 24th June, 1994 by the Order dated 24th June, 1994 (Annexure 1 to the Writ Petition) with effect from 20th May, 1994. The suspension of the Petitioner was revoked by the Order dated 6.5.1995 (Annexure 3 to the Writ Petition). On 30th September, 1995, the Petitioner retired from service on attaining the age of superannuation. During the service period, disciplinary proceedings were initiated against the Petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [in short "the CCS (CC & A) Rules, 1965"] by issuing a Charge-Sheet by Charge Memo dated 1st August, 1995. The inquiry was conducted against the Petitioner. The Inquiry Officer submitted his report that charge levelled against the Petitioner was not proved. Copy of the Inquiry Report was forwarded to the Petitioner to make any representation or submission, if he so wished in writing to the Disciplinary Authority. The Petitioner submitted his Representation dated 12th January, 1998 wherein he prayed for dropping the charge against him. The Disciplinary Authority by the Order dated 25th June, 1998 after considering the Inquiry Report and relevant records agreed with the findings of the Inquiry Officer and held the Petitioner 'not guilty' of the charge levelled against the Petitioner.
(2.) Accordingly, the Disciplinary Authority ordered that the charge levelled against the Petitioner be dropped. Copy of the said Order dated 25th June, 1998 has been filed as Annexure 5 to the Writ Petition.
(3.) The Petitioner thereafter made a Representation dated 27th July, 1998, inter alia, praying for final settlement of his retiral dues. Copy of the said Representation dated 27th July, 1998 has been filed as Annexure 6 to the Writ Petition.;