DEVSIBHAI LAXMANBHAI SOLANKI Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) Heard learned advocate Mr.Purvish Malkan on behalf of the petitioner and learned advocate Mr.H.S.Munshaw for respondent Nos.1 & 2, so also, learned AGP Mr.N.D.Gohil for respondent No.3.

(2.) In the present petition, the petitioner has mainly prayed for issuance of appropriate directions on the respondent directing the respondent to provide a copy of the inquiry report dated 22.5.1997 submitted by the inquiry officer to the respondent No.1 - The District Development Officer and further direct the respondents to pay accumulative interest at the rate of 21 % for delayed payment of the pensionary benefits and thirdly to direct the respondent No.3 to inquire into the cause of false accusation against the petitioner who is a member of the scheduled caste and also prayed for the interim relief in terms of the main relief.

(3.) Learned advocate Mr.Malkan has submitted that the petitioner has retired from service on 31st July, 1993. That on the last day of his service, means, on the date of retirement, he has been served with the chargesheet i.e. on 31st July, 1993. According to the learned advocate Mr.Malkan, the departmental inquiry remained pending till 17th October, 1998 the day on which the petitioner came to be exonerated by the Department. Therefore, learned advocate Mr.Malkan has submitted that because of pendency of the departmental inquiry till exoneration by the Department, retirement benefits including the pension, gratuity and leave encashment are not paid to the petitioner in time and therefore, the petitioner is entitled to interest at the rate of 12 % p.m. for delayed payment of retirement benefits as per the Government Resolution dated 8th December, 1994.