STATE OF CHHATTISGARH Vs. G. R. SONI

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 28/7/2019 (Annexure P-1) passed by the Permanent & Continuous Lok Adalat (Pensioners) (for short 'Lok Adalat'), Durg, whereby the learned Permanent Lok Adalat has directed the petitioner Department to pay 12% interest per annum on an outstanding amount of retiral dues of the respondent herein within a period of two months and intimate to it about compliance of the order.

(2.) Brief facts of the case are that the respondent was working as Naib Tahsildar. Departmental enquiry was instituted against him and order dtd. 23/9/1989 issued by the Commissioner, Raipur Division, Raipur, various charges have been levelled against him and vide order dtd. 15/2/2001 the respondent has been compulsory retired from service. Vide letter dtd. 1/6/2000, the Commissioner, Raipur Division, Raipur has initiated another departmental enquiry against the respondent for financial irregularities committed during his tenure, for which chargesheet was issued against him. Detailed departmental enquiry was conducted and the inqury officer submitted its inquiry report on 7/8/2006 before the disciplinary authority. The inquiry officer found charges No.1, 2 & 5 to be proved and charges No.3 & 4 to be partly proved. Thereafter, the disciplinary authority after considering the inquiry report passed an order dtd. 24/11/2018 imposing punishment of recovery, the amount to be calculated for which the respondent was held to be liable for financial irregularities. It was further held that the respondent would not be entitled for any backwages during the suspension period on the principles of 'No Work No Pay', but he would be entitled for continuity of service for the purpose of pension. Pursuant to such order, the Collector, Balod issued the order dtd. 4/1/2019 directing the respondent herein to deposit the recoverable amount to the tune of Rs.1,23,132.00 to be deposited within 7 days. The respondent preferred an application before the Permanent Lok Adalat with an grievance that the petitioner Department has not released retiral dues in spite of several representations made by him. Further in the application it has been mentioned that in spite of the fact that departmental enquiry was dropped, the petitioner Department in an illegal manner has withheld the retiral dues.

(3.) Learned Permanent Lok Adalat after considering the application filed by the respondent as well as other fact available before it passed the impugned order directing the petitioner Department to pay interest @ 12% on withheld retiral dues from the date of retirement till the payment is made.