Gratuity withheld pending departmental proceedings post-retirement under CCS Pension Rules; leave encashment and insurance must be released absent specific legal prohibition.

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 applicant.”

2. Briefly stated the facts of the case are that the applicant has retired from service on attaining the age of superannuation w.e.f. 31.3.2009 from the post of Sub-Post Master (SPM). Thereafter revised provisional Pension Authority has been issued to the applicant on 6.1.2020. According to the O.A., some embezzlement done by one Sri Narendra Singh Chauhan, who was working as SPM. An FIR was lodged against the said Sri Narendra Singh Chauhan and two other persons in case crime no. 127 of 2019 under Section 409 IPC, in which the name of the applicant was not shown. After lodging the FIR, the Investigating Officer recorded the statement of informant and for the first time, the name of the applicant came into light. The applicant, thereafter, filed a Criminal Misc. Writ Petition No. 1766 of 2020 before the Hon’ble High Court at Allahabad and vide order dated 13.2.2020, the Hon’ble High Court had stayed the arrest of the applicant till filing of police report under Section 173(2) Cr.P.C.

2.1 According to the O.A. in the statement of informant, she did not make any allegation against the applicant. During investigation, the respondent no.4 submitted his report stating therein that no irregularity has been committed by the applicant. When the applicant was not released retiral benefits, he preferred a representation before the authorities concerned with a request to release the release retiral benefits. On the request of the applicant, the respondent no.3 issued a letter dated 22.12.2020 to the respondent no.4 to look into the matter, but no action has been taken thereon. Hence, this O.A.

3. Per-contra, the respondents have contested the claim of the applicant by filing detailed Counter Affidavit wherein they have stated that the applicant while working as SPM, Phaphund Sub Office (Etawah) as well as Sri Narendra Singh Chauhan has misappropriated government money to the tune of Rs. 84,79,708/-. According to the respondents, the applicant has transferred the National Saving Certificates even after he was not authorized for this work and also transferred the accounts from New City SO to Ashok Nagar SO without application of account holder. The applicant was issued a chargesheet under Rule 14 of CCS (CCA) Rules, 1965, which was subsequently converted into Rule 9 of CCS (Pension) Rules, 1972. Thereafter the enquiry was concluded by the Inquiry Officer and after following the due procedure, the charges leveled against the applicant were found proved.

3.1 An FIR was lodged against Sri Narendra Singh Chauhan, the then SPM, who subsequently identified the main offender in the case and after Circle Level Inquiry (CLI) conducted by the department, the applicant has been identified as co-offender in the case for the lapses found at his level as the applicant h