UNION OF INDIA Vs. INSPECTOR R P TYAGI

JUDGEMENT

(1.) The petitioner, Union of India through Secretary Ministry of Home Affairs challenges the order dated 30th June, 2009 passed by Central Administrative Tribunal, Principal Bench in O.A No.600/2009 titled Inspector Rishi Prakash Tyagi v. Union of India through the Secretary directing the petitioner to release provisional pension to the respondent after 31st January, 2007.

(2.) The relevant facts to comprehend the controversies are that the respondent had retired on superannuation on 30th September, 2002. A criminal case against the respondent was decided in December, 2006 whereby death penalty was awarded to the respondent. In an appeal filed to the High Court the death penalty was reduced under Section 304 of Indian Penal Code and against the order of the High Court a Special Leave Petition is pending.

(3.) The departmental proceedings which were initiated against the respondent under Rule 9(1) has been forwarded to the President for decision on withholding of pension/gratuity in accordance with rules, however, no decision has yet been taken by the President. Though no decision on withholding the pension/gratuity in compliance with the CCS Pension Rule has been taken, however, after 31st January, 2007 no provisional pension has been paid to the respondent.