VIJAY KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Applicant has filed the present Original Application seeking issuance of directions to respondents to release his regular pension with other retiral benefits.

(2.) In the detailed reply filed by respondents it is contended that an FIR No.141/04 was lodged in the police by Shri Arvind Kumar and Shri Vijay Kumar Sharma and other officials. The said FIR is still pending, thus in terms of provision of Rule 69 of Pension Rules, 1972,pensionary benefits i.e. gratuity and leave encashment etc. could not be released.

(3.) Learned counsel appearing for applicant relied upon decision of this Tribunal in the case of TejPal Singh Tuli Vs. UOI & Ors.(OA -3312/2009) wherein it was held that there has to be nexus between allegation in criminal case & official duty of concerned employee in the absence of which there may be no justification to carry on departmental proceedings against employee. Para 9 of the said judgment read as under: - 9. I find that this Tribunal in OA -2411/2007 has as recently as on 19.12.2008.I the case of Jogeshwar Mahanta Vs. UOI relating to matrimonial discard, in which the applicant had been proceeded under Rule 14 of the CCS (CCA) Rules, 1965 by issue of charge sheet on the basis of allegations made by the wife, decided that there has to be a nexus with official duty and whereas the applicant may be still embroiled in matrimonial dispute with his wife, them would be no justification to carry on with the departmental proceedings against him. The charge memo was therefore quashed and the application was allowed.