ORDER:

(Per Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order dated 03.03.2023 passed in O.A.No.68 of 2022 by the Central Administrative Tribunal, Hyderabad, (for short ‘the Tribunal’), the present writ petition has been filed.

2. Heard Sri G.Praveen Kumar, learned Deputy Solicitor General of India appearing for the petitioners and Sri K.R.K.V.Prasad, learned counsel appearing for the 2nd respondent.

3. It is the case of the petitioners that the 2nd respondent is a retired Chief Medical Officer and he retired from service on 30.06.2021. While the 2nd respondent was working, a surprise check for suspected criminal misconduct and abuse of official position has been conducted by CBI, Anti Corruption Branch, Hyderabad and a case in Cr.No.PE

2(A)/2019 was registered against the 2nd respondent. In view of pendency of the said case, and also for want of vigilance clearance, the petitioners could not release pension and pensionary benefits to the 2nd respondent. Aggrieved by the same, the 2nd respondent has approached the Tribunal by filing O.A.No.68 of 2022. The Tribunal has passed several interlocutory orders from 04.02.2022 till disposal of OA i.e., on 03.03.2023 and the Tribunal has repeatedly been directing the petitioners to release pensionary benefits without appreciating the fact that CBI case was pending against the

2nd respondent. Hence, the present writ petition.

4. Learned Deputy Solicitor General of India appearing for the petitioners had contended that because of several interlocutory orders passed by the Tribunal, the petitioners were forced to release pension and pensionary benefits in favour of the 2nd respondent, even though there was no vigilance clearance and CBI clearance and finally, without appreciating any of the contentions raised by the petitioners, the Tribunal closed the said OA on 03.03.2023, by directing the petitioners to pay the interest at GPF rates on the delayed payment within a period of two weeks. The Tribunal had further directed the 2nd respondent to submit a representation to the petitioners for payment of interest for the delayed disbursement of pensionary benefits. In pursuance of the directions given by the Tribunal, the petitioners have considered the case of the 2nd respondent and passed a detailed speaking order 15.09.2023, wherein the petitioners have categorically held that the delay in concluding the disciplinary proceedings and releasing the pensionary benefits is not wanton and it is purely on technical grounds i.e., non-framing of chargesheet in time and such administrative delay cannot be attributed for payment of interest for the delayed disbursal of pensionary benefits. Learned counsel had further contended that the 2nd respondent had filed a contempt case against the petitioners i.e., C.P.No.73 of 2023 and the same is pending adjudication before the Tribunal and the Tribunal is proceeding against the petitioners in the contempt case by insisting that the petitioners should pay interest for the delayed disbursal of pensionary benefits without appreciating any of the contentions raised by the petitioners. The petitioners have considered the case of the 2nd respondent in terms of the order passed by the Tribunal by passing a detailed speaking order, wherein the petitioners have taken a stand that the 2nd respondent is not entitled for interest for delayed disbursal of pensionary benefits. Therefore, appropriate orders be passed in the writ petition by setting aside the order passed by the Tribunal.

5. Learned counsel appearing for the 2nd respondent had contended that the 2nd respondent has retired from service on 30.06.2021 and the petitioners have issued proceedings on 23.01.2023, which would disclose that no disciplinary proceedings were pending against the 2nd respondent and no charge sheet is filed in any Court of Law, more importantly, CBI cases and the petitioners have also not obtained sanction to prosecute the 2nd respondent in criminal case and based upon such