Under Rule 9(4) of the Chhattisgarh Civil Services (Pension) Rules, 1976, if departmental proceedings are not completed within two years of institution, the entire withheld pension amount must be restored to the retired employee.

Order on Board

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1. That, this Hon’ble Court may kindly be pleased to direct respondent authorities to release withheld dues amoutn as such gratuity, leave encashment, arrears of 7th Pay, GPF, with interest and also to issue direction to the respondent authorities to finalize pension within stipulated time, in the interest of justice.

10.2. Any other relief which may be suitable in the facts and circumstances of the case may also be granted.”

2. Learned counsel for the petitioner submit that petitioner was working on the post of Principal and retired from the service on 29.02.2020 on attaining age of superannuation. He contended that after retirement of the petitioner he has not been paid retiral dues immediately on the ground that one departmental enquiry was initiated against the petitioner pursuant of which charge memo was issued on 15.01.2019. Even after lapse of long time his retirement retiral dues has not been paid. He submits that enquiry proceedings even after lapse of more than 5 years have not been complied and no orders has been passed on the enquiry initiated against the petitioner and therefore the petitioner is entitled for all withheld retiral dues under rule 9(4) of Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, “the Rules of 1976”). Referring to proviso to Rule 9(4) of the Rules of 1976, it is submitted that in the event departmental enquiry proceedings are not completed within a period of 2 years from the date of institution, the entire amount of pension so withheld stand restored on the expiration of the aforesaid period of 2 years. As petitioner stood retired in the month of Feb., 2020 and from that, date about 6 years have been lapsed and therefore, under the pension rules, petitioner is entitled for entire withheld amount of pension.

3. Counsel for the respondent-State would oppose the submission of counsel for petitioner and he would submit that petitioner is being paid 75% of anticipated pension owing to the pendency of the departmental enquiry. He also contended that amount of GPF & GIS has been paid to the petitioner. He submits that the enquiry initiated against the petitioner as of now has been completed and it has been forwarded and proceedings has been initiated to take opinion of Public Service Commission on the enquiry report submitted by the enquiry officer. Final order should be passed immediately after receipt of opinion of Public Service Commission.

4. Counsel for the respondent No.5 would submit that as of now grievance of the petitioner is against the respondent-State.

5. I have heard learned counsel for the parties and peruse the material available on record.

6. It is not in dispute that the petitioner while working on the post of Principal, retired from the service on 29.02.2020. On the date of his superannuation one departmental enquiry was pending. The departmental enquiry initiated against the petitioner till date has not been finalized, as final order has not been passed on the enquiry report submitted by the enquiry officer. The proviso has been read upon by the counsel for the petitioner in support of his contention i.e. rule 9 (4) is extracted below for ready reference :

“(4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub- rule (2), a provisional pension and death-cum- retirement gratuity as provided in [ Rule 64 ] [Substituted by Noti