Damage rent for unauthorized retention post-retirement calculated under service rules (DGMS R.18, FR 45-A), separate from eviction under PPE Act.

O R D E R

1.Per Kumar Rajesh Chandra, A.M.:-This OA has been filed by the applicant seeking the following relief:-

“(a) To quash the No Objection Certificate dated 10.06.2021 issued from the office of GDMS, Dhanbad wherein the amount of damage rent against retention of official accommodation by the applicant for unauthorized period from 30.06.1997 to 31.03.2021 has been calculated at Rs. 9,66,380/-.

(ii) To quash the letter nos. 1829 and 1831 both dated 28.03.2022 issued from the office of DGMS, Dhanbad to the Drawing and Disbursing Officer, Directorate of DGMS, Dhanbad whereby and whereunder an amount of Rs. 28,272/- and an amount of Rs. 9,55,800/- (Nine lakhs Fifty Five thousands eight hundred only) has to be sought to be deducted from the amounts of gratuity and pension respectively of the applicant.

(iii) To quash the letter no. 537 dated 27.09.2022 issued from Pay & Accounts Office, DGMS, Dhanbad to the Senior Accounts Officer (IA) Central Pension Accounting Office, New Delhi whereby and wherein the applicant was allowed medical allowance only from 16.11.2019 and not from 30.06.1997.

(iv) For issuance of a direction upon the respondents to immediately and forthwith make payments of entire amounts of unpaid retirement benefits with interest @ 12% over and above statutory interest such as :-

a) Amount towards Medical Allowance at admissible rate since 30.06.1997 till 16.11.2016.

b) Amounts of GPF accrued upto 30.06.1997.

(v) For a further direction upon the respondents to immediately and forthwith make payment of the total amount of Rs. 9,84,072/- (Nine Lakhs eighty Four Thousands and Seventy Two only) to the applicant with statutory interest.

(vi) Pass such order as Your Lordships may deem fit and proper in the facts and circumstances of the case by doing conscionable justice to the applicant.”

2. The brief facts of the case, as per the applicant, are as follows:-

(i) The applicant was appointed as LDC in the Directorate General of Mines Safety (DGMS) on 18.08.1994 and his service was confirmed w.e.f. 1986. He was transferred from Koderma to Sitarampur, DGMS in the year 1984 itself.

(ii) A Criminal case bearing Tilaiya PS Case No. 165/1994 dated 18.07.1994 for offences under Section 353, 427 and 504 of IPC was lodged against the applicant in which though he was acquitted from the charges under Section 427 of IPC but convicted and sentenced to undergo R.I. for one year for offences under Section 353 and 504 of IPC vide judicial order dated 30.01.1996. Upon his Criminal Appeal against the order dated 30.01.1996 the said sentence was modified to the extent of executing a bond of Rs. 5000- with surety of like amount vide order dated 27.01.1998. The Criminal Revision filed by the applicant was dismissed by order dated 17.03.1998. In the meantime, the Director of Mines Safety vide letter dated 16.01.1997 proposed for termination of the applicant on the basis of conviction in criminal case.

(iii) It is contended that the applicant has submitted his explanation on 15.05.1997 but without considering the same he was retired compulsorily vide order dated 30.06.1997 (Annexure-A/4). The appeal of the applicant was rejected by the appellate authority vide order dated 20.10.1997. Thereafter, the applicant moved this Tribunal in OA No. 732 of 1999 which was dismissed vide order dated 17.12.1999. The writ petition vide WP(S) No. 1368 of 2005 preferred against the said order was also dismissed vide order dated 05.01.2006 with an observation that since the applicant had been convicted for the offence under Section 353 and 504of IPC no interference could be made with the punishment of compulsory retirem