ORDER

By Hon’ble Dr.Chhabilendra Roul, Member (A):- The present OA has been filed by the applicant against the order dated 06.05.2019 passed by the respondent No.3, rejecting the claim of the applicant for release/payment of his retirement benefits.

2. Brief facts of the case are that the present applicant was initially appointed as a Junior Engineer in Central Public Works Department (CPWD). While he was in service, an FIR U/s 120-B/420/468/471 IPC & 13 (2) read with section 13(1) (d) of the PC Act 1988 and Section 9-B Explosive Act was lodged against the applicant and four other persons on 25.3.1998. A memorandum under Rule 14 of the CCS(CCA) Rules 1964 was issued against the applicant on 03.08.2000. The applicant was placed under suspension by the Competent Authority on 09.04.2001. The suspension order was revoked by the Competent Authority on 30.12.2005. The Disciplinary Authority, vide order dated 29.01.2010 imposed the penalty of reduction of pay by one stage in the time scale of pay for period of one year without cumulative effect. The applicant appealed against the said order of the Disciplinary Authority and the Appellate Authority vide order dated 20.08. 2010 revised the punishment to censure.

2.1 The Special Judge, CBI Karkardoma Court vide judgment dated 15.02.2018 dropped the proceedings against the applicant and others due to lack of sanction. The CBI has filed criminal revision petition on 25.09.2018 against the said order dated 15.02.2018. The Revision Petition is still pending and there is no stay against the order dated 15.02.2018.

2.2 The applicant retired from service on 31.10.2018 on attaining the age of superannuation. At the time of his retirement the respondents withheld the payment of retirement benefits including regular pension, DCRG as well as leave encashment. Only provisional pension under Rule 69 of CCS (Pension) Rules, 1972 was granted to the applicant vide order dated 01.11.2018. The applicant submitted a representation on 01.02.2019 as well on 16.04.2019 to the respondents to release his retirement benefits. Vide order dated 06.05.2019, the respondents informed the applicant that they have withheld Regular Pension, Gratuity and Leave Encashment, etc due to want of Vigilance Clearance in view of the pending criminal case against him.

2.3 Being aggrieved the applicant has filed the present OA, seeking the following relief(s):- (a). Directing the respondents to place the relevant records pertaining to the present OA before the Hon’ble Tribunal for the proper adjudication in the matter.

(b). Issue direction to the respondents to release all the retrial benefits i.e. regular pension, gratuity and encashment of leave etc. along with all other consequential benefits with interest on arrears etc. and costs, declaring the impugned order dated 6.5.2019, biased, perverse, illegal, unjust, arbitrary, unconstitutional malafide, against the principles of natural justice, violative of articles 13, 16 & 21 of the constitution of India and in violation of the mandatory provisions of law.

(c) Any other fit & proper relief may also be granted to the applicant.

3. On admission of the OA notices were issued to the respondents and they have filed their counter affidavit to which the applicant has also filed his rejoinder to the same.

4. The counsel for the applicant relied on the grounds taken by the applicant in his OA. The main ground is that at the time of the retirement there was no criminal case or disciplinary case pending against the applicant. The sole disciplinary case was concluded in the year 2010 and he was censured. The criminal case proceedings were dropped by the order dated 15.2.2018 by the Special Judge CBI and there is no stay against this order when the CBI filed Revision Petition on 25.09.2018. In view of this, the criminal proceedings attained finality and there is no disciplinary or criminal case pending against the applicant. Accordingly, the respondents are bound to re