ORDER

The applicant has filed the instant Original Application seeking the following relief(s):-

“(a) to issue a writ, order or direction in the nature of mandamus commanding the respondents to pay entire amount of Gratuity payable to the applicant with statutory interest and other consequential benefits arising there from.

(b) to issue order or direction in the nature of certiorari quashing the impugned communication dated 6.6.2023 whereby the Superintendent Post Office, Ballia has communicated that applicant’s gratuity under the Pension Rules cannot stand released prior to deciding of the criminal case pending against him at District Ballia.

(c) To issue any other order or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

(d) to award cost of the applicant.”

2. Briefly stated the facts of the case are that the applicant was initially appointed as Assistant Post Man (Daak Sahayak) at Head Post Office, Ballia. The applicant was subjected to departmental proceedings under Rule 14 of CCS (CCA) Rules, 1965 on account of allegation of misappropriation of amounts during the year 2007-2009, with the result he was placed under suspension w.e.f. 13.5.2011. The respondents also lodged a criminal case against the applicant at Police Station Rasra, District Ballia being case crime no. 239 of 2011 under Sections 411, 420, 467, 468471 and 409 IPC. On conclusion of disciplinary proceedings, the respondents passed an order dated 30.7.2015 by means of which the punishment of reversion to three stages lower in his pay scale till the age of superannuation was imposed with further a recovery to the tune of Rs. 8,00,000/- to be deducted from easy installment of Rs. 5000/-

per month till his superannuation and thereafter the rest amount be adjusted from his retiral dues.

2.1 With regard to criminal case, the applicant was enlarged on bail by the order of Hon’ble High Court dated 23.5.2013 in Criminal Bail Application No. 14229 of 2013. The applicant retired from service w.e.f. 30.4.2023 on attaining the age of superannuation.

2.2 The applicant made an application under Right to Information Act, 2005 seeking certain information, to which the respondents furnished the reply stating therein that the entire amount of Rs. 8 lacs imposed as a punishment stood recovered from the applicant. The case of the applicant is that despite making recovery of entire amount stated to be misappropriated by the applicant, the respondents have arbitrarily and illegally withheld the amount of Gratuity of the applicant on the sole pretext of pendency of criminal case. Hence, this O.A.

3. On notice, the respondents have contested the claim of the applicant by filing a detailed Counter Affidavit wherein they have stated that the applicant was placed under suspension on 13.5.2011 and thereafter a charge-sheet under Rule 14 of CCS (CCA) Rules, 1965 was issued in favour of the applicant wherein the applicant has been identified as a co-offender in Rasra Head Post Office fraud case. A FIR was lodged at Rasra Police Station under Sections 419, 420, 467, 468, 471 and 409 IPC, which was registered as criminal case no. 58 of 2013 and the same is pending before the competent Court of law. The disciplinary proceedings came to be finalized by the competent authority on 30.7.2015 and thereafter the punishment, as referred to above, was imposed upon the applicant. After retirement, the applicant was paid the amount of leave encashment, GPF and CGEGIS after deduction of rest amount as per punishment order dated 30.7.2015. The amount of DCRC has been withheld as per Rule 8(4) and (5) of CCS (Pension) Rules, 2021. The respondents have further stated that the action so taken against the applicant is perfectly legal and valid and as such O.A. has no merit and the same is liable to be dismissed.

4. The applicant has not filed any Rejoinder Affidavit to the Counte