CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH CIRCUIT BENCH, RANCHI O.A./051/00387/2023 Reserved on : 10.09.2024 Pronounced on: 17.09.2024 CORAM HON’BLE SHRI SURESH KUMAR BATRA, MEMBER (J)

HON’LE SHRI KUMAR RAJESH CHANDRA, MEMBER (A)

Prem Shankar Prasad aged about 63 years S/o Late Rameshwar Prasad Resident of Plot no.C/21, Kusum Vihar, P.O. and P.S.- BCCL Town Ship, District Dhanbad. PIN – 826005.

……………Applicant (By Advocate: Shri Kaustav Roy)

Versus

1. Union of India through the Chairman & Managing Director, The Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, P.O. and P.S.-Jan Path, New Delhi-

110001.

2. The Bharat Sanchar Nigam Limited through the Principal General Maannaaggeerr ((EEsstttt..)),, BBhhaarraatt SSaanncchhaarr BBhhaawwaann,, HHaarriisshh CChhaannddrraa MMaatthhuurr Lane, P.O. and P.s.-Jan Path, New Delhi – 110001.

3. The Chief General Manager, Telecommunication, B.S.N.L., Jharkhand Telecom Circle, Near Jumar River, ARTTC Building P.S. Buti, District-Ranchi.

4. The Principal General Manager Telecom District, B.S.N.L., Dhanbad, P.O. and P.S.-Hirapur, District-Dhanbad.

5. The District Engineer (Admin.), B.S.N.L., Dhanbad, P.O. and P.S.-

Hirapur, District-Dhanbad. ……………Respondents (By Advocate: Shri Prabhat Kumar Sinha)

O R D E R PER : SURESH KUMAR BATRA, MEMBER [JUDICIAL]

1. Applicant has filed present OA under section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:-

“Direction for the respondents to release the admissible retiral dues of the applicant namely the Death Cum Retiral Gratuity (DCRG) amount along with statutory interest that has been withheld illegally by the respondents after the applicant retired from service on 31.01.2020, on account of pendency of criminal proceedings as against the applicant, despite the fact that the pendency of criminal proceedings cannot be a ground for denial of retiral benefits.”

2. Brief facts of the case of applicant is that applicant was appointed as a Telecom Office Assistant on 06.02.1982 in the erstwhile department of Telecom and thereafter promoted to the post of Junior Telecom Officer on 25.10.1993. After incorporation of Bharat Sanchar Nigam Ltd. (BSNL) in September 2000 under the Indian Companies Act, 1956 with the objective to take over the business of providing telecom services and network of the erstwhile Department of Communication, the applicant was promoted to the post of Regular Sub-Divisional Engineer at BSNL, Dhanbad on 03.11.2004. On the basis of information against the applicant, CBI, Dhanbad Branch had registered a preliminary enquiry on 30.06.2003 on the allegation that applicant had provided WLL telephones at several places in Dhanbad District to unauthorized persons violating the norms. Applicant was booked under offences u/s 120B, 419, 420, 468, 471 of the Indian Penal Code, 1860 and u/s 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

3. Applicant pleaded in the OA that CBI registered a case against him on 3103.2004 and charge sheet was filed in the year 2006 and the charges framed against the applicant in the year 2010. The case of applicant is still pending before the CBI Court, Dhanbad. The applicant retired in the meantime on 31.01.2020. After superannuation of the applicant provisional pension, GPF, GSLIS and Leave Encashment have been paid but DCRG was not paid due to the pending criminal proceedings against the applicant. Applicant submitted a representation dated 15.07.2020 (Annexure – A/2) to the D.E. Admn, BSNL, Dhanbad (Respondent No.4) with a request to release DCRG, which was not paid due to pending criminal proceedings against the him. Applicant also given a representation to the Principal General Manager BSNL, Dhanbad (Respondent No.3) on 05.09.2020 (Annexure – A/3) and stating that as per Government of India’s decision (6) under rule 9 of CCS (Pension) Rule, 1972 and various instruction, it is clearly explained the situation under which pension/gratuity cannot be withheld.

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