Post-retiral benefits including pension and gratuity cannot be withheld merely due to pending criminal proceedings unrelated to official duties, absent disciplinary action, loss to employer, or due process. Suspension deemed revoked on superannuation.

ORDER 

By Justice Om Prakash VII, Member (J)

The present O.A has been filed by the applicant under section 19 of Administrative Tribunal Act, 1985 seeking following reliefs:-

“(a) To allow the application and set aside the order dated 24.12.2012 and order dated 27.02.2013 passed by respondent No.2 & 3 (Annexure No. A-1 and 2) of compilation No.1 and permit the applicant to join his duty as P. No. 861988, OS/Store, SAF, Kanpur.

(a-1) Issue an order or direction to the respondents to grant and pay final pension and arrears thereof to the applicant pursuant to his retirement w.e.f. 31.10.2014.

(a-2) Issue an order or direction to the respondents to pay the last two annual increments, along with the bonus for the last three years immediately preceding his retirement on 31.10.2014.

(a-3) Issue an order or direction to the respondents to pay arrears of enhanced dearness allowance, arrears of salary for the period of suspension from 24.12.2012 till his retirement on 31.10.2014, leave encashment and the gratuity.

(a-4) Issue an order or direction to the respondents to pay the Rs. 45,000/- wrongly deducted towards house rent allowances.

(a-5) Issue an order or direction to the respondents to pay interest @ 10% per annum on the delayed payment under the above heads.

(b) A direction may be given to respondents to treat the suspension period 14.08.2012 till date of reinstatement into leave and he may be paid salary of aforesaid period.

(c) To pass any other direction as this Hon’ble Tribunal may deem fit and proper on the facts and circumstances of the case in the interest of justice.

(d) Award the cost of the application to the applicant”.

2. The brief facts of the case are that the applicant was initially appointed as P. No. 861988, OS/Store, SAF, Kanpur. An FIR was lodged against the applicant in case crime No. 31 of 2012 under sections 420, 467, 471, 504, 506 IPC in Police Station Armapur, District Kanpur Nagar. In the FIR, the allegation was made that the applicant has cheated the complainant and collected Rs. 45 lacs for providing job of Assistant Teacher. Applicant was detained in jail. Since he was sent in jail, therefore, he could not inform the respondents about his detention in jail. Respondents issued show cause notice to the applicant on 08.12.2012 regarding unauthorized absence from duty till 14.08.2012. Reply to the show cause notice was sent by the advocate of applicant on 17.12.2012. Applicant filed Criminal Misc. Bail Application No. 23921 of 2012 before the Hon’ble Allahabad High Court and Hon’ble High Court has granted bail to the applicant. Vide impugned order dated 24.12.2012, respondent No.2 passed an order suspending the applicant from service w.e.f. 14.08.2012 (F/N) until further order. After releasing in jail, applicant moved an application dated 05.02.2013 for resuming on duty. On the consideration of applicant’s representation, respondents have stated in the impugned order dated 27.02.2013 that since applicant has been suspended and it is effective w.e.f. 14.8.2012, his application is not considered. Applicant was retired from service on 31.10.2014 and after retirement, applicant has filed amendment application whereby he sought a direction to the respondents to pay final pension and arrears thereof. He has also sought a direction to the respondents to pay last two annual increments along with bonus as well as enhanced dearness allowance for the last three years with interest. Amendment application was allowed vide order dated 18.10.2016 and necessary amendment was carried out in the OA.

3. Per contra, learned counsel for the respondents fi