- (1.) Heard. The respondent-Raj Kishore Pandey, who retired on superannuation as Postman, being Aggrieved by the refusal of payment of gratuity, the respondent preferred an Original Application No. 332/000192/2015 before the Central Administrative Tribunal,Lucknow. The said Original Application was allowed by the Tribunal vide judgment and order dated 5.2.2016 and the authorities-petitioners were directed to release the gratuity of the applicant without interest. While passing the said order, the Tribunal observed that no provision of law has been brought to the notice to show that the authorities are empowered to withhold gratuity after retirement and full pension under Section 69(c) of CCS (Pension) Rules, 1972 merely on account of pendency of Criminal case.
(2.) It is the case of the petitioners that they have withheld the part of the pension payable to the respondent as well as his gratuity, by exercising powers vested with the petitioners under Rule 69 r/w Rule 9(4) of the CCS (Pension) Rules. It is submitted that the respondent at the time of his retirement was facing "judicial proceeding" and therefore, such course of action was available with the petitioners but the Tribunal has ignored the relevant rules, which is liable to be set aside by this Court while exercising powers under Article 226 of the Constitution of India.
(3.) Some facts which need reference are reproduced hereunder:-;