UNION OF INDIA Vs. T.KARUNAKARAN

JUDGEMENT

(1.) The only question arising for our consideration in these cases is whether an order of acquittal by the competent criminal court following the trial should be treated as a culmination of 'judicial proceedings' for the purposes of Rules 9 & 69 of Central Civil Services (Pension) Rules 1972 ('the CCS Pension Rules') and analogous provisions contained in Rules 9 & 10 of the Railway Servants (Pension) Rules 1993 ('the Railway Pension Rules').

(2.) OA No.246/2017 out of which OP (CAT) No.86/2018 arises was allowed by the Tribunal holding that once an order of acquittal is passed by the competent criminal court, notwithstanding the fact that an appeal is pending against such acquittal, the provisions of Rule 69 (1) (c) cannot be invoked to withhold retirement gratuity. It was also directed that the period of suspension of the applicant before the Tribunal was also to be regularized. The said order was followed while deciding OA No.43/2017 out of which OP (CAT)147/2018 arises. OP (CAT) 129/2020 is filed challenging an interim order in OA 954/2019 whereby the Tribunal directed that gratuity payable to the applicant before the Tribunal which was withheld on account of pending criminal proceedings shall be released notwithstanding the fact that a criminal appeal is pending against such acquittal. While issuing that interim order the Tribunal relied on the orders in OA Nos.43/2017 and 246/2017. In OP (CAT) Nos.86/2018 and 129/2020 the relevant Rules are contained in the CCS Pension Rules while in OP (CAT) No.147/2018 the relevant Rules are contained in the Railway Pension Rules. These Rules are in pari materia and in so far as they are relevant provide as under:-

(3.) A reading of Rule 69(1)(c) of the CCS Pension Rules and Rule 10 of the Railway Pension Rules shows very clearly that no gratuity shall be paid to the Government servant until the conclusion of the Departmental or Judicial proceedings and the issue of final orders thereon. It is pertinent that the term used is 'judicial proceedings'. It is also clear that and for the purpose of the Rules such judicial proceedings include both civil and criminal proceedings. The Tribunal has proceeded on the basis that a criminal trial comes to an end when an order of acquittal or conviction as the case may be is imposed on the accused person. There is, no doubt, considerable authority for that proposition. But the question is whether the term 'judicial proceedings' used in Rule 69 (1) (c) would, in respect of criminal case/proceedings, mean just the criminal trial or would it include an appeal against an order of acquittal.