Mahesh Grover, J. - (1.) THIS petition has been filed by the petitioner praying for the grant of interest on the delayed payment of his retiral benefits.
(2.) THE petitioner retired from service on 31.12.2005. During his tenure of service, he faced criminal prosecution under the Prevention of Corruption Act, in which he was discharged by the learned trial Court on 17.1.1997. The respondents went up in revision before this Court which was decided on 23.1.2008 upholding the judgment of the learned trial Court. The petitioner was also similarly charge -sheeted by the department in the year 1999 and the petitioner had submitted his reply promptly to the said charge. On the request of the petitioner, an enquiry officer was appointed on 15.1.2008 and the enquiry was concluded on 7.3.2008. On 3.4.2008, his retiral benefits were released. The petitioner contends that there is a delay in release of these benefits, as he retired in 2005 and the respondent/department had not completed their departmental proceedings against the petitioner and the enquiry officer was appointed only on 15.1.2008 on his request.
(3.) THE respondents contend with reference to Rule 9.15.(i)(c) that only the amount of gratuity has been withheld on the premise that proceeding were pending against the petitioner and had not been concluded. Rule 9.15(i)(c) is extracted here below : - 9.15(i)(c) No gratuity shall be paid to the Government employee until the conclusion of the department or judicial proceedings and issue of final orders thereon.;