Delays in disciplinary proceedings can lead to unjust withholding of retirement benefits, necessitating timely resolution per tribunal orders.

Per: Hon’ble Suchitto Kumar Das, Administrative Member

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“i) An order do issue directing the respondents to release Leave Salary, full pension and DCRG in favour of the applicant with interest as admissible under the Rules since the respondents have failed to complete Disciplinary Proceedings within 90 days from the date of communication of the Order and no application praying for extension of time was filed by the respondents before the expiry of 90 days.”

2. For the sake of clarity, facts in the case as stated by the applicant in his OA, are delineated and discussed hereinunder :-

A Disciplinary Proceeding against the applicant was instituted on 07.09.2021 under Rule 14 of CCS (CCA) Rules, 1965 (Converted to Rule 9 of CCS (Pension) Rules, 1972.

The charges against the applicant were that while working as Post Master, Cossipore Head Post Office, Kolkata for the period from 06.06.2017 to 14.12.2020, he failed to pay attention to the excess cash balances that were being held by Sinthee Post Office, Kolkata. On 11.09.2018, 14.09.2018, 29.11.2018, 01.06.2019 and 13.07.2019, the SPM, Sinthee Post Office retained excess amount of cash over and above the maximum amount that may be retained by the Sinthee Post Office amounting to Rs. 11,78,381.77 in total. The applicant neither objected to retention of excess cash nor he took any action for removing the same on those days when no cash was actually required by Sinthee Post Office. Also, the applicant issued pay orders on 12.09.2018, 15.09.2018, 30.11.2018, 04.03.2018, 04.03.2019, 03.06.2019, 07.06.2019, 12.06.2019, 29.06.2019, 08.07.2019 and 15.07.2019 based on cash requisitions received from Sinthee PO without examining the balance in hand by the SPM, Sinthee PO and thereby remitted a huge amount of cash to the tune of Rs. 81,99,000. As a result of which SPM, Sinthee PO got an opportunity to retain excess cash amounting to Rs. 79,23,711.46 in hand on those days. The applicant thus facilitated the SPM, Sinthee PO to receive huge amounts of cash which in turn helped the delinquent Post Master of Sinthee PO to misappropriate Government money to the tune of Rs. 27,06,000 on the above mentioned dates. Inquiry proceeding have been completed. Inquiry Report was submitted on 12.07.2022 and the representation of the charged official was given on 18.08.2022 which was received on 23.08.2022.

In the meantime, the applicant retired on superannuation on 30.09.2021. His retiral dues were withheld by the respondents due to pendency of the disciplinary proceeding against him.

Aggrieved by the respondents’ failure to finalise the case which had resulted in denial of release of his pensionary benefits, the applicant filed OA no. 678/2023. This OA was disposed of on 29.05.2023 by the Tribunal which directed the respondents to finalise the disciplinary proceeding preferably within 90 days. Respondents filed an OA for extension of time limit stipulated by the Court. MA was dismissed on the ground that it was filed much after the expiry of the time granted by the Court and this Court had become functus officio upon expiry of the period of 90 days from the date of the orders.

The applicant has filed this OA praying for payment of DCRG and Leave Encashment amount with interest.

3. Learned Counsel for the applicant submits that the disciplinary proceeding have not yet been completed.

3.1. Learned Counsel for the applicant submits that the order passed by the Tribunal was communicated to the respondents on 31.05.2023 and the same was received by them on 01.06.2023. 90 days granted by the Tribunal to complete the disciplinary proceeding expired on 01.09.2023. No application was filed by the respondents praying for exte