An order obtained through concealment of facts is not executable, highlighting the responsibility of both parties in disclosing relevant information.

M.A.1674/2024

The present MA has been filed by the applicant seeking execution of the Order dated 14.11.2017 passed in OA No. 3517/2013, whereby this Tribunal directed the respondents to pay the applicant gratuity, final pension and commuted value of pension along with the interest at GPF rate on the gratuity amount alone for the period from 26.09.2013, i.e., the date of filing of the present OA, till the date of actual payment thereof, within a period of three months.

2. The factual matrix of the case is that the applicant joined the service in the respondent-Department as a Junior Engineer on 19.02.1977. He was promoted to the rank of Assistant Engineer on 1.07.1988, and to the rank of Executive Engineer in May 2005. He retired from service on 31.01.2010 on attaining the age of superannuation. During his service period, a criminal case was filed against the applicant by the CBI in the year 2004. On 22.08.2010, the CBI Court directed for reinvestigation of the matter. Subsequently, the CBI Court convicted the applicant under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, sentencing him to one year of imprisonment along with a fine of Rs. 1,000/-. Thereafter, vide order dated 05.02.2016, the applicant filed an appeal before the High Court. The High Court, vide order dated 04.05.2016, suspended the sentence. While the proceedings were ongoing before this Tribunal in OA 3517/2013, the respective counsels failed to apprise the Tribunal of the latest stage of the criminal proceedings before the Learned Special Judge. This has been explicitly mentioned in paragraph 8 of the order dated 14.11.2017 in the OA.

3. The respondents filed a Review Application No. 60/2018 seeking modification of the order dated 14.11.2017 because new facts have come into light and this Tribunal on 06.09.2019 took note of the new facts mentioned by the respondents in para 2 of the RA order which is reproduced below:-

“2. The review applicants have sought to review of the aforesaid order of the Tribunal on the grounds that the parties could not be brought to the notice of the Tribunal order F.No.14/13/6/4/2004-VS.I dated 28 June, 2017 passed by the President imposing the penalty of "withholding of 100% of monthly pension otherwise admissible to the CO" nor could they apprise the Tribunal of the present stage of the criminal proceedings in the Court of ld. Special Judge.”

This Tribunal declined to interfere with the order of this Tribunal dated 14.11.2017 and rejected the RA on 06.09.2019.

4. The present MA for implementation of the order dated 14.11.2017 was filed by the applicant in the month of May 2024. The learned counsel for the applicant in the MA pleads for implementation of the order dated 14.11.2017 stating that despite 7 years have lapsed since passing order in the OA, the respondents have failed to implement the order. The applicant is a senior citizen who was retired in 2010 and since then he has been deprived of his legitimate retiral benefits including gratuity, commuted value of pension and associated benefits. In view of this, he pleads that the respondent should be directed to implement the order dated 14.11.2017.

5. Per contra, learned counsel for respondents submits that the respondents have already passed order dated 20.08.2017 imposing the penalty of withholding the 100% of monthly pension otherwise admissible to the applicant based on the conviction in the Criminal Court. The applicant was in the knowledge of this conviction and he never bothered to bring this to the notice of this Tribunal while the proceedings in the OA was going on. Because of this concealment of the fact, the Tribunal has passed the impugned order dated 14.11.2017. He submi