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2021 Supreme(Pat) 707

AHSANUDDIN AMANULLAH, ANJANI KUMAR SHARAN
Union Of India – Appellant
Versus
Virendra Kumar Singh – Respondent


Advocates Appeared:
Mr. Rajesh Kumar Verma, Asst. Sol. Gen., for the Appellant; Mr. Om Prakash Singh, Advocate, for the Respondent.

JUDGMENT

Ahsanuddin Amanullah, J. - Heard Mr. Rajesh Kumar Verma, learned Assistant Solicitor General (hereinafter referred to as 'ASG') for the petitioners and Mr. Om Prakash Singh, learned counsel for the respondent.

2. The petitioners have moved the Court being aggrieved by the order dated 04.11.2019, passed in O.A. No. 847 of 2018, by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the 'Tribunal').

3. By the said order, the learned Tribunal has allowed the Original Application filed by the respondent directing the petitioners to pay the gratuity due upon retirement to the respondent along with statutory interest within three months of the receipt of the order as also consequential benefit in the form of commutation of value of pension, if eligible, within the said period.

4. The brief facts of the case are that against the respondent, a departmental proceeding was initiated on 27.07.2010 under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and a Memorandum of Charge was served on him. Thereafter, the respondent superannuated on 31.08.2010 resulting in conversion of the departmental proceeding under

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