UNION OF INDIA Vs. S S AHLUWALIA

JUDGEMENT

(1.) This appeal, by special leave, has been preferred against the judgment and order dated 11.1.2006 of a Division Bench of Delhi High Court by which the Letters Patent Appeal filed by the appellants was dismissed and the judgment and order dated 20.12.2001 of the learned Single Judge was affirmed.

(2.) The respondent S. S. Ahluwalia joined the Indian Army on 28.6.1965 as Commissioned Officer. In the year 1973 he was relieved from the Army and he joined Central Reserve Police Force (CRPF). The respondent moved an application under Rule 43(d)(i) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the Rules) seeking voluntary retirement with effect from 1.7.1993. The application moved by the respondent was rejected on 12.7.1993. He gave representations on 30.7.1993 and 10.8.1993 for re-examination of his case and to accord sanction for his voluntary retirement. On reconsideration of the matter the appellants accepted the prayer made by the respondent on 23.2.1994 subject to the condition that the proceedings for imposing major penalty initiated against him vide memo dated 4.2.1994 shall continue. The respondent submitted his representation on 12.9.1994 raising various pleas and prayed for withdrawal of the charge-sheet and proceedings for imposition of major penalty. In the inquiry proceedings the respondent filed written statement of defence on 21.2.1994. The Inquiry Officer, after conducting a full inquiry and recording evidence, held that charge No. I was partly proved and charge Nos. II, III and IV were fully proved. The case of the respondent was referred to Union Public Service Commission (UPSC), who, after examination of the material on record, advised that the ends of justice would be met in case a penalty of 10% deduction from his basic pension for one year was imposed. The case was then referred to Ministry of Home Affairs (MHA) for approval of the Competent Authority for acceptance of the advice of the UPSC and award of punishment. The Competent Authority then imposed punishment of 10% deduction from his pension for a period of one year.

(3.) After the application of the respondent for his voluntary retirement had been accepted by order dated 23.2.1994 he was actually relieved on 2.3.1994. He made request for release of his retiral benefits but he was informed by communication dated 12.5.1995 that till the proceedings of departmental inquiry were concluded his retiral benefits could not be released.