STATE OF ORISSA Vs. KALICHARAN MOHAPATRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the judgment of the Central Administrative Tribunal (Cuttack Bench) allowing the Original Application filed by the respondent and directing the appellants(respondents in the Original Application) to release final pension and gratuity to the respondent within ninety days of the judgment.

(3.) The respondent was a member of the Indian Police Service. He retired on December 31, 1990. About six months prior to his retirement, a raid was conducted on his residential premises. On the basis of the material recovered, a prosecution has been launched against him in the Special Court, Cuttack under Section 13(2) read with Section 13(1) of the Prevention of Corruption Act for being in possession of assets disproportionate to his known sources of income. (According to Section 13(1) of the said Act. misconduct includes being in possession of assets disproportionate to his known sources of income.) The case is still pending. In view of the pendencey of the said criminal case, the appellants withheld the gratuity amount and did not also sanction the pension finally. A provisional pension equal to ninety per cent of his entitlement was, however, sanctioned. Aggrieved by the refusal to release the gratuity amount and the refusal to sanction his pension finally, the respondent approached the Tribunal.