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CENTRAL ADMINISTRATIVE TRIBUNAL
OM PRAKASH VII, Member (J)
Balbir Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. applicant's retirement and embezzlement allegations background (Para 2) |
| 2. respondents' claims of applicant's misappropriation and proceedings (Para 3) |
| 3. terminal benefits cannot be withheld without guilt finding (Para 9 , 10 , 11 , 12) |
| 4. rules permit withholding gratuity pending proceedings (Para 13 , 14) |
| 5. gratuity withheld pending proceedings; release leave encashment/insurance (Para 17 , 18 , 19 , 20) |
ORDER
The applicant has filed this Original Application (OA) under Section 19 of Administrative Tribunals Act, 1985 seeking the following relief(s):-
“(i) issue a writ, order or direction in the nature of Mandamus directing the respondent no.4 to release the retiral dues i.e. Gratuity, Leave Encashment, Insurance alongwith interest in favour of the applicant.
(ii) issue interim mandamus commanding the respondent no.4 to decide the representation dated 16.12.2020 within stipulated period as may be fixed by this Hon’ble Court (Annexure-7 to this Original Application).
(iii) issue any other order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case of the applicant.
(iv) award cost of the original application to the a
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