D C MAJUMDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for the following reliefs: "(A) allow the writ petition of the petitioner with costs; (B) Issue appropriate writ or. writs, direction or directions, order or orders: (i) directing the respondents to disburse entire retirements benefits such as, gratuity commutation of a portion of pension, pension accrued with effect from 1st day of May, 1994, and' other benefits, such as, leave encashment. Group Insurance Scheme benefits etc. together with interest at the rate of 18% per annum from 1st day of May, 1994, till actual payment; (ii) directing the respondents to produce all records pertaining to sanction and payment retirement and other benefits of the petitioner. (iii) prohibiting the respondents not to proceed against the petitioner detrimental to the interest of the petitioner till the disposal of this writ petition."

(2.) 2.The petitioner attained the age of superannuation of 60 years on the 30th day of April, 1994. Retiral benefits were not given to him. As such he had approached this Court. The respondent, it is stated, have got the power to take action against the petitioner for his acts of commission or omission under the Rule 9 of the CCS (Pension) Rules, 1972. The same reads as under: 9. "Right of President to withhold or withdraw pension. (1) The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or with drawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovering from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement: Provided that the Union Public Service Commission shall be consulted before any final orders are passed: Provided further that where a part of pension is withheld or withdrawn the amount of such pension shall not be reduced below the amount of rupees three hundred and seventy five per mensern. (2) (a) The departmental proceedings referred to in Sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during hisre-employment,shall,after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service: Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President. (b) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his reemployment- (i) shall not be instituted save with the sanction of the President; (ii) shall not be in respect of any event which took place more than four years before such institution; and (iii) shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service. (3) Deleted. (4) In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under Sub-rule (2), a provisional pension as provided in Rule 69 shall be sanctioned. (5) Where the President decides not to withhold or withdraw pension but order recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant. (6) For the purpose of this rule- (a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and (b) judicial proceedings shall be deemed to be instituted- (i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and (ii) in the case of civil proceedings, on the date the plaint is presented in the Court.""

(3.) On the 15th of March, 1996, on behalf of the respondents, an affidavit was filed by Shri S. Lakshmikanthan the Acting Director (Insp. &: Quality Control), Export Inspection Council. The affidavit reads as under: "Herein I, S. Lakshmikanthan, S/o Late S. Srinivasan, aged 58 years do hereby solemnly affirm and state as under: (A) I am working as Acting Director (Insp. & Quality Control) in Export Inspection Council and as such am fully conversant with facts and circumstances of the case in my official capacity. I am competent to swear this affidavit. (1) The present affidavit is being filed in pursuance of the order passed by this Hon'ble Court on 27.9.1995 whereby this Hon'ble Court had directed the respondents to release to the petitioner, whatever pensionary benefits were admittedly due him. (2) In compliance of the order passed by this Hon'ble Court on 27.9.1995, which was received on 16.10.1995, the Export Inspection Council has paid the following pensionary and other benefits to the petitioner vide Export Inspection Council Order No. EIC/D(Q/C)/Pen/168/2295 dated 26.10.1995 and EIC/ D(Q/C)/Pen/168/95/2700 dated 16.11.95 (Annexure R-l and R-2): (a) 100% provisional pension Rs. 3,208.00 and admissible dearness p.m. relief alongwith arrear from 1.5.94 (cheque Nos. 332360 & 332361 both dated 27.10.95. (b) CGIS benefit as applicable Rs. l,005.00 to EIC employees cheque No. 332362 dated 27.10.95. (c) Group Insurance Scheme Rs. 5,283.80 cheque No. 332363 dated 27.10.95. (d) Leave encashment Rs. 12,191.00 cheque No. 539814 dated 20.11.95. (e) DCRG benefits Rs. l,00,000.00 cheque No. 539813 dated 20.11.95. The only pensionary benefit yet to be paid to the petitioner is commutation of pension. This has not been paid since the Chief Vigilance Commission (CVC) investigations into the allegations against the petitioner have not yet been completed. The CVC has been requested to expedite its enquiry.""