The applicants have a statutory right to retirement benefits that cannot be withheld without pending disciplinary proceedings.

ORDER

PER:- AJAY PRATAP SINGH, MEMBER [JUDICIAL]

1. Heard learned counsel for parties through video conferencing mode.

PRAYER

2. By way of present Original Application filed under Section 19 of Administrative Tribunals Act 1985, applicant has sought the main relief (as extracted from OA) as under:-

“8.1 That Lordships may graciously be pleased to quash and set aside the order dated 19.05.2023 issued for the respondent no.3 as contained in Annexure A/1 whereby Final pension, DCRG, leave encashment and commuted value of pension have been withheld due to non-issuance of vigilance clearance in spite of having no charge sheet issued/pending against applicant on the date of retirement.

8.2 That your Lordship may graciously be pleased to declare the impugned order so passed on 19.05.2003 by the respondents as contained in Annexure A/1 as null, void and in contravention of Rule-9 and 10 of Railway Pension Rules, 1993.

8.3 That your Lordships may graciously be pleased to direct/command the respondents to release/pay the final pension, commuted value of pension, DCRG amounting to Rs.20,00,000/- and leave encashment amounting to Rs.15,00,000/- henceforth.

8.4 That your Lordships to direct/command the respondents to pay statutory interest upon the aforesaid retirement benefits together with exemplary cost against erring officials for mis-interpreting Rule 9 & 10 of the Railway Pension Rules, 1993.

8.5 Any other relief or reliefs including the cost of proceeding may be allowed in favour of the applicant together with exemplary cost against erring officials who have withhold the aforesaid retiral dues without application of mind.”

FACTS IN BRIEF

3. Briefly stated facts as adumbrated by applicant in instant OA are that while applicant was working as Senior Divisional Personnel Officer (Sr. DPO), N.F. Railway, Katihar, respondent no.2 has issued one minor penalty charge sheet dated 17.01.2023 under Rule-11 of Railway Servant (Disciplinary & Appeal) Rules, 1968, few days prior to his retirement for totally irrelevant and concocted allegations. Applicant submitted his reply dated 24.01.2023 to the said charge sheet denying allegations. It is the case of the applicant that respondent no.2, without due application of mind, issued order dated 30.01.2023 (Annexure A/2) whereby punishment of “withholding of two sets or as available whichever is higher, no. of privilege passes for the years 2023” has been imposed and accordingly the said punishment order was communicated to the applicant on 31.01.20223 (Annexure A/3).

4. Applicant has stated that he has already vacated the railway quarter on 15.01.2023, no dues certificate has also been issued and there is no departmental or criminal cases against the applicant is/was pending on the date of his superannuation on 31.01.2023. Therefore, respondents are duty bound to release/pay all retirement dues such as GPF, Pension, commuted value of pension, DCRG, leave encashment, Group Insurance etc. on the date of retirement but nothing has been paid to the applicant on the date of his retirement. Aggrieved, the applicant submitted a representation dated 15.02.2023 to the competent authority for release of retiral dues as the same are not bounty or charity based upon the sweet will of the employer rather these are the outcome of the hard labour of the applicant for his 37 years of service. He further stated that the action of the respondents in withholding of retiral dues is contrary to the decision of the Constitutional rendered in the case of D.S. Nakara.

5. Applicant submitted that meanwhile respondents released GPF amount of the applicant on 03.03.2023 but rest retiral benefits such as Pensio