PRAMOD KUMAR KYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated November 25, 2011 passed by the Central Administrative Tribunal in Original Application No.976/2011 and order dated January 16, 2013 passed by the Tribunal in C.P No.782/2012 in Original Application No.976/2011, whereby the Tribunal partially allowed the Original Application to the extent the Tribunal directed the respondents to count the period under suspension as qualifying service and on that basis make available to the petitioner post retiral dues and further dismissed the contempt petition filed by him for non compliance of order dated November 25, 2011.

(2.) IN the present writ petition the petitioner has made limited prayer for granting him remaining 50% of the salary which he would have earned during the period of suspension including yearly increments with interest @ 18% per annum and for a direction to pay Rs.18,23,040/ with interest @ 18% per annum (which amount includes 50% of the salary of the petitioner during the period of suspension).

(3.) THE petitioner made a representation dated October 03, 2006 seeking revocation of suspension on the ground that the department is delaying the inquiry. The same was rejected by the respondents vide order dated October 27, 2006. A writ petition was filed before the High Court of Gujarat by the petitioner seeking completion of inquiry before the date of his superannuation on December 31, 2007, which was disposed of with directions that the inquiry be completed as expeditiously as possible in any case before December 31, 2007. The petitioner retired on December 31, 2007. It may be relevant to state here that the service of the petitioner was not a pensionable service. He was governed by the Contributory Provident Fund Scheme. There was no provision in the rules to continue the inquiry after an incumbent superannuates.