M VELAYUTHAM Vs. SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT AND DIRECTOR OF LOCAL FUND AUDIT

JUDGEMENT

(1.) The Petitioner is a retired Sanitary Inspector, Chengalpet Muncipality, Chengalpet. While in service, he was issued with a charge memo dated 21.07.1994 by the Commissioner, Chengalpet Municipality, for certain allegations pertaining to the year 1993. He submitted his explanation to the charges on 25.07.1994. As he was due to retire on attaining the age of superannuation on 31.07.1994, he was permitted to retire without prejudice to the disciplinary proceedings.

(2.) It is the further case of the Petitioner that though he submitted his explanation to the charge memo without any delay on 25.07.1994, the Government called for further explanation only on 20.11.2001, after expiry of seven years from the date of his retirement. He submitted his further explanation on 24.12.2001 and not accepting the same, charges were held as proved and a penalty of cut in pension of Rs. 100/-for one year was imposed on 20.05.2002.

(3.) It is the grievance of the Petitioner that though the disciplinary proceedings were concluded in the year 2002 by imposing a punishment of cut in pension, DCRG and commutation amount of pension to the tune of Rs. 83,900/-was not disbursed till 15.03.2004 and that there was a delay of two years. According to the Petitioner, he was no way responsible for the delay in conclusion of the disciplinary proceedings and in such circumstances, he is entitled to award of interest on the belated payment of Rs. 83,900/-, being the DCRG and commutation of pension for the period from 31.07.1994 to 15.03.2004.