Minor penalty post-retirement requires treating suspension as duty per DoPT OMs; impugned order set aside for fresh decision.

ORDER

Present Original Application has been filed seeking the following relief:-

“(a) To issue a writ, order or direction in the nature of certiorari quashing the respondent’s order dated 11.08.2016 (Annexure A-1)

(b) To issue a writ, order or direction in the nature of Mandamus directing to the respondents to issue the formal order for treating the suspension period with effect from 13.02.2007 to 31.03.2010 as on duty for all purpose.

(c) To issue a writ, order or direction in the nature of Mandamus directing to the respondents to pay terminal benefits/ retirement benefits as per treating the suspension period as on duty & for all the purpose..

(d) Issue any order direction which the Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

(e) Award the cost of petition to the applicant.”

2. Brief facts of this case are that the applicant had joined on 06.08.1974 on the post of Mail Man cadre in the establishment of the Kanpur RMS KP division and thereafter promoted in Sorting Assistant cadre in 1979. Subsequently, vide order dated 12.02.2007, the applicant was placed under suspension by the Disciplinary authority. Respondent No.3 had issued the memorandum of charge sheet dated 21.08.2008 followed by a corrigendum dated 07.02.2008 under rule -14 of the CCS (CCA) Rule-1965 for major penalty regarding non dispatched/loss/theft of registered articles after their receipt at CRC GPO Stg. Point during 2006-2007. The inquiry, however, could not be completed during the service period of the applicant. The Applicant superannuated on 31.03.2010. In the meantime, the sender of the registered articles lodged FIR in different Police Stations and investigation office involved so many employees of the KP RMS Division including the applicant and the criminal proceedings were initiated in the concerned criminal court at Kanpur in which the applicant was exonerated. Since the Inquiry under rule 14 of the CCS (CCA) Rules 1965 could not be concluded till the date of retirement so Inquiry under rule 14 of the CCS (CCA) Rule 1965 was converted into Rule 9 of the CCS (Pension) Rules 1972. Thereafter, the President of India issued the punishment order dated 07.01.2016 under which penalty “with holding of 10% of monthly pension, otherwise admissible to him for a period of 6 months be imposed on CO, Sri Kishan Lal. His gratuity, if not otherwise required to be withheld in any other case be released.” has been imposed vide Memo No-C-14016/36/2014-VP dated 07.01.2016 since after retirement, Disciplinary Authority has no power to impose any penalty specified in rule -11 of the CCS (CCA) Rule- 1965.

3. Learned counsel for the applicant submits that the DoPT has issued the instruction vide O.M. No.11012/15/85-Estt (A) dated 03.12.1985 pertaining to treatment of the suspension period as on duty if a minor penalty is imposed. He submits that it has also been established by law that period of deemed suspension due to detention by police/in jail should be treated as duty if not followed by conviction and the suspension is revoked automatically as per G.I. Min. of D.O. Per & Trg. O.M. No-11012/16/85 Estt(A) dated 10.01.1986. He states that the applicant was exonerated in all the criminal proceedings initiated by the U.P. State in the criminal cases. It is further submitted that respondent No.3 issued a letter dated 17.08.2016 addressed to the applicant seeking details about the pendency of administrative, criminal or fraud cases proceedings in reply to which the applicant submitted that no criminal case is pending against him and requested to treat the suspen