LAWS(DLH)-2011-7-118

PROF P N BHAT Vs. UOI

Decided On July 04, 2011
P.N.BHAT Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) THE applicant/petitioner has sought directions to the respondents to release the payment of difference between ".....pay less the subsistence allowance....." for the duration between 16th May, 1990 to 6th September, 1990 and between 24th October, 1990 to 7th August, 1991 with the appropriate interest at the rate of 9% per annum, claiming an amount of Rs.4,25,024/- and also directions to release payment of gratuity (DCRG) allegedly illegally withheld by the respondents amounting to Rs.3,25,000/- as on 1st November, 1997 along with interest at the rate of 9% per annum, amounting to Rs.9,82,675/- as on 31st October, 2010. THE applicant has also sought directions to the respondents to release the alleged legitimate Leave Encashment benefit to the petitioner amounting to Rs.1,96,500/- as on 1st November, 1997 at the rate of 9% per annum amounting to Rs.5,94,140/- as on 31st October, 2010.

(2.) THE applicant has contended that the above noted writ petition in which the present application has been filed, seeks the quashing of the order dated 17th December, 2002 passed by the Central Administrative Tribunal, Principal Bench in OA 3223/2002 as well as the quashing of Office Memorandums dated 25th September, 1997 and 31st October, 1997 issuing charge sheets against the petitioner.

(3.) THE Tribunal had dismissed the original application of the petitioner/applicant on the ground that the charge sheets had been served before the petitioner had attained the age of superannuation and also since the inquiry officer who had been appointed in the matter had resigned and the second one had been appointed only in August, 2002. THE Tribunal had directed that the inquiry be completed within a period of six months from the date of the receipt of the copy of the order dated 17th December, 2002.