RAM ROOP PARASAR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, interalia, praying for quashing the order dated 1.11.2004 (Annexure9 to the Writ Petition) passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short "the Tribunal") as also the order dated 11.5.2011 (Annexure 5 to the Writ Petition) passed by the Deputy Commissioner, Central Excise DivisionI, Kanpur communicated to the petitioner by the communication dated 5.7.2001 (Annexure6 to the Writ Petition) by the Joint Commissioner (P&V), Central Excise, Kanpur. Further prayer has been made for directing the respondents to pay interest over the retiral benefits of pension, deathcumretiral gratuity and leave encashment and also to pay a sum of Rs. 18,863/ against commutation value.

(2.) IT appears that at the relevant time, the petitioner was posted as Superintendent, Customs and Central Excise in DivisionI, Central Excise, Range3, Kanpur. The petitioner retired from service on 31.1.1997. It further appears that on account of an Audit Objection dated 28.9.1994 by the Senior Deputy Accountant General, U.P. Allahabad regarding loss of revenue , chargesheets dated 6.1.1997 and 3.4.1997 were issued to the petitioner and three others. As the petitioner was retiring from service on 31.1.1997, an order for continuation of the proceedings under Rule 9(2)(a) of the C.C.S. (Pension) Rules, 1972 (in short "the Pension Rules, 1972") was also issued and the same was served on the petitioner by the order dated 22.1.1997.

(3.) THE Inquiry Officer in the said Enquiry Report concluded as under: