UNION OF INDIA Vs. PRABHU LAL

JUDGEMENT

(1.) The present writ petition has been filed by the Union of India aggrieved from the order dated 24.11.2009 passed by the Central Administrative Tribunal (hereinafter referred to as "the Tribunal"), whereby the Tribunal while allowing OA No. 264/2009 and M.A. No. 1681/2009 directed the respondents to release the regular pension, commuted amount of pension and gratuity to the respondent with 8 per cent simple interest per annum from the date, the payment was due, within eight weeks from the receipt of a copy of the order.

(2.) It is the case of the petitioners that the petitioners withheld the part of the pension payable to the respondent as well as his gratuity, by exercising powers vested with the petitioners under Rule 69 r/w Rule 9(4) of the CCS (Pension) Rules. It is submitted that the respondent at the time of his retirement was facing judicial proceedings and therefore, such course of action was available with the petitioners. It is submitted that the order of the Tribunal has ignored the relevant rules and as such is liable to be set aside by this Court while exercising powers under Article 226 of the Constitution of India.

(3.) Some facts which need reference are reproduced hereunder:-