STATE OF KERALA Vs. SURENDRANATHAN ASARI

JUDGEMENT

(1.) This Writ Petition filed by the State of Kerala against an order of the Central Administrative Tribunal raises a question involving the interpretation of Rule 6 of the All India Service (Death Cum Retirement Benefits) Rules, 1958, hereinafter referred to as the "DCRB Rules".

(2.) The first respondent, who belonged to the Kerala cadre of the Indian Forest Service, superannuated from service on 30.9.2004. He moved the Tribunal for direction to release his retiral benefits including DCRB and pension from 1.10.2004, the date of retirement, by reckoning 38 years of his service as qualifying service. He pleaded that, though placed under suspension on 21.3.2001, disciplinary proceedings against him were dropped and he was readmitted to duty, treating the period of suspension as duty for all purposes. Accordingly, he claimed that no proceeding was pending against him at the time of retirement and there is no ground to reduce or withhold any pension or gratuity, even in terms of Rule 6 of the DCRB Rules.

(3.) Initially, the writ petitioner-State of Kerala filed a preliminary statement before the Tribunal that there is a vigilance investigation pending against the applicant and that therefore, the entire terminal benefits could not be released, however that, he was granted provisional pension with effect from 1.10.2004. Later, a further affidavit was filed on behalf of the State Government following a report on behalf of the Vigilance and Anti-corruption Bureau, to the effect that the charge sheet and other records in relation to the criminal case were presented to the Court of the Enquiry Commissioner and Special Judge, Vigilance on 30.9.2004. Annexure Rl was filed before the Tribunal as proof of acceptance of the charge sheet and other records in the Court of the Enquiry Commissioner and Special Judge on 30.9.2004, i.e., the date of superannuation of the officer.