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RAKESH MOHAN PANDEY
R. R. Dubey, S/o. Late R. Dubey – Appellant
Versus
Chhattisgarh State Power Holding Co. Ltd. Through its Chairman – Respondent
ORDER :
(Rakesh Mohan Pandey, J.) :
1. By way of this petition, the petitioner has sought the following relief(s):-
10.2 For revision of pay scale with interest from 01.12.2005.
10.3 For payment of gratuity at per latest provision with interest of 18% P.A.
10.4 For computation of final pension with revision and its arrears with interest.
10.5 Bonus up to Dec. 2005 and difference of pay during suspension and arrears due to increments with interest.”
2. At the very outset, Dr. Shukla submitted that he is pressing relief 10.3 only with regard to the payment of gratuity as per the latest provision with the interest @ 18% P.A.
3. The facts of the present case are that the petitioner, who was holding the post of Chief Engineer under the respondents, retired from services on 31.12.2005 on account of superannuation. Prior to that, an FIR was registered against him on 29.03.2000 for the offence punishable under the provisions of Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 and Sections 193 and 196 of the IPC. Thereafter, the charge-sheet was filed in the criminal case on 26.02.2006. A departmental
Gratuity payment can be withheld during the pendency of departmental or judicial proceedings as per Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976.
Gratuity cannot be withheld solely due to a pending criminal case as per the Bihar Pension Rule, 1950 Rule 43(c) and the judgment in Arvind Kumar Singh Vs State of Bihar and Ors 2018 (II) PLJR 933.
The main legal point established is that under Rule 43(c) of the Bihar Pension Rule, 1950, employees facing departmental inquiry or judicial proceeding at the time of superannuation are entitled to p....
Advocates appeared :For the Appellant : Hans Raj Mutreja For the Respondent : Tej Kumar Malik
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
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