- (1.) The instant appeal under Clause X of the Letters Patent is directed against judgment dated 17.05.2011 rendered by the learned Single Judge. The appellant approached this Court under Article 226 of the Constitution and had prayed for issuance of direction to the respondents to release the pension, commutation of pension and gratuity with market rate of interest. The learned Single Judge held that the appellant was paid his pensionary benefits in January 2011 and he was not entitled to interest as justifiable explanation has been tendered by the respondents for the delay. Accordingly, the writ petition has been dismissed as having been rendered infructuous.
(2.) We have heard learned counsel for the appellant at a considerable length and are of the view that the appellant would not be entitled to payment of interest particularly when we keep in view the facts revealed in the written statement filed by respondents. The stand taken therein is that a complaint dated 10.01.2009 was received from various farmers of Kurukshetra alleging that the District Horticulture Officer, Kurukshetra along with another officer were demanding Rs. 3,000/- for subsidy on Kucha Mushroom Shed and Rs. 5,000/- for subsidy on Pucca Mushroom Shed i.e. 20% of the total subsidy. A three members' committee was constituted on 12.02.2009 to enquire into this complaint which submitted its report on 12.03.2009. After examining the same, a proposal for disciplinary action was sent to competent authority-respondent No.1 on 19.05.2009. The explanation of the appellant was called vide letter dated 20.08.2009 on the direction issued by respondent No.1, which was received on 14.10.2009. It was further intimated to the Government on 25.11.2009 that the appellant was responsible for not maintaining the proper record of applications and sanctions for disbursal of subsidy and causing delay in distributing the cheques of subsidy On 23.02.2010, respondent No.1 raised a query with regard to number of cheques signed by the appellant in January, 2009 and distributed in February, 2009 or thereafter. The information was sent to respondent No.1 on 01.04.2010 and thereafter on 19.08.2010, the State Government intimated that the appellant has caused some pecuniary loss to the State Exchequer then a draft chargesheet was sent for recovery of the loss. However, it was intimated on 28.09.2010 that no loss to the State Exchequer had been caused and request was made to accord the sanction for release of pensionary benefits.
(3.) Likewise, any complaint from seed dealers of Kurukshetra district was received on 28.01.2009 with serious allegations of taking bribe. The Deputy Director of Horticulture was directed to enquire into the matter on 06.02.2009. A similar complaint was also received on 17.02.2009 from Sh. Naveen Jindal, Member of Parliament along with news cutting, which appeared in various newspapers regarding misconduct of the appellant. The aforesaid complaint was also sent to Deputy Director of Horticulture (Fruits) for enquiry. However, eventually the appellant sent his explanation and after examining the same, it was recommended to drop the case against him and respondent No. 1 was intimated on 14.07.2010 that the complaint had been filed.;