KASHINATH DHANU PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act 1985 assailing the action of the respondents in withholding the full amount of Gratuity amounting to Rs. 6,08,127/- from the Bank Account.

(2.) The applicant is a civilian Group 'A' employee under respondents. He was initially appointed as Superintendent Gr. I under respondents. Subsequently, he was further promoted to the post of Executive Engineer in October 1989. While he was posted as an Executive Engineer, a show cause notice dated 16.10.2000 was served on him by the office of C.W.E., Ferozpur, whereby the applicant was informed that during the period 8.10.1989 to 27.7.1993, certain Steel items were missing from the store dump from the office of G.E. (W) Ferozpur. In the show cause notice the applicant was informed that a Staff Court of Inquiry was held to investigate into the matter and to pin point the responsibility of loss of steel items by Station H.Q. Firozpur. On the basis of the findings of Staff Court of Inquiry, recommendations given by Station Commander Firozpur, a sum of Rs. 9,730/- was to be recovered from him to make good a part of loss. Vide telegram dated 14.11.2000 the applicant had intimated C.W.E. Firozpur that the applicant did not accept the action of the respondents and requested that reply to show cause notice would be furnished after inspecting all relevant documents/files and on receipt of SCOI proceedings. The applicant has submitted his reply to G.E. (West) Firozpur on 13.12.2000 to the show cause notice and asked for some more information and finally he submitted his reply on 15.12.2000. On 26.3.2001, the applicant was served with the impugned notice issued by the respondents under Rule 14 of CCS (CCA) Rules, 1965 for inquiry into the alleged misconduct cited in the impugned notice. The applicant replied to the charge sheet and requested for dropping of the charge. The aforesaid action took place just about a month before applicant's retirement and the applicant also mentioned that in the month of February 2001, respondent No. 3 had addressed a letter to the Manager, State Bank of India, Pune under which various pension documents were forwarded by Department to the Bank relating to Pension of the applicant. The applicant also stated that without finalising the chargesheet dated 26.3.2001 and without withdrawing or dropping the same, the respondents had issued another chargesheet dated 9.4.2001 to the applicant on same and similar charges appended to the chargesheet dated 26.3.2001. The applicant's grievance is now centred round as to the legality of the action of the respondents in withholding the gratuity as well as the commuted pension of Rs. 3,01,696/-. The applicant was paid an amount of Rs. 6,01,648.00 towards gratuity and commuted value of pension through the Bank on 10.5.2001. Later on, without any notice of information to applicant, the State Bank of India, Pool Gate Branch, suo-moto debited the said amount from the applicant's Bank account at the instance of the respondents as was contended by the applicant. The applicant contended that withholding of the entire pensionary benefits is arbitrary, illegal and bad in law.

(3.) WE have heard the learned Counsel for the applicant Mr. S.P. Saxena and respondents' Counsel, Mr. R.K. Shetty at length. The issue is as to the legitimacy of the action of the respondents in withholding the full retiral benefits. Admittedly, the charges related to the period 1989-1993 and the disciplinary proceedings started on 26.3.2001 and the chargesheet was issued on 9.4.2001, whereas the applicant was to attain the age of superannuation on 30.4.2001. The controversy is as to the legitimacy of the action of the respondents in withholding of the retiral benefits consisting of the capitalised value of pension of Rs. 3,01,952/- and DCRG of Rs. 3,00,696/-. The commutted value of pension is referred to here as capitalised value of pension, on the score of pendency of the disciplinary proceeding that was initiated in the fag end of the career of the applicant.