SHYAMA PADA MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed in the background of the following circumstances.

(2.) The applicant was a railway servant and he retired as Senior Engineer from the Eastern Railway on 31-5-1992. The applicant was originally appointed in the Eastern Railway as Junior Clerk in the year 1958. However, from August 1981 to July 1989 he was in the Chittaranjan Locomotive Works (CLW) in the Senior Scale of Assistant Engineer. Before his retirement he had been served with major penalty charge-sheet in the year 1990. He was charged with offence of mis-conduct of grave nature that in his capacity as Member of Tender Committee/Accepting Authority he called tenders and instead of accepting the lowest tender he accepted the tender of higher rate. As many as five charges had been framed against him. He was granted provisional pension because of pendency of the disciplinary proceedings. He challenged the disciplinary proceedings by filling O.A. No. 876 of 1992 and the same was disposed of vide order dated 11-4-1994 wherein it was observed that the disciplinary proceedings should be completed within a period of six months. It was further observed that if the same was not completed it would mean that the disciplinary proceedings had lapsed and no action should be taken against the applicant. Since the respondents failed to conclude the disciplinary proceedings, the applicant filed another O.A. No. 314 of 1995 for quashment of the disciplinary proceedings and that O.A. was decided vide order dated 9-4-1996 observing that the applicant stood discharged from the disciplinary proceedings as the delay of five months in concluding the proceedings was not satisfactorily explained. It was directed that the railway respondent shall pay all retiral benefits as admissible under the Rule to the applicant within a period of four months. Thereafter, the respondents released the retiral benefits to the applicant in April, 1997. The amount of gratuity was paid on 3-6-1997. However, a deduction of Rs. 10,230/- was made from the Gratuity amount of the applicant. Hence, this O.A. challenging the said deduction. from the Gratuity amount. It is further stated that only a sum of Rs. 4402.35 P was recoverable and excess amount of Rs. 10,230/- has been recovered which should be refunded alongwith interest at the rate of 18%.

(3.) IN the rejoinder, the applicant stated that no show-cause notice was given to the applicant before the deduction was made.