MADHAV DATTATRAYA SATHE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is a retired Assistant Commissioner of Central Excise, Mysore Commissionerate. The grievance of the applicant is that on the date of his retirement on 31.03.2011 neither any disciplinary proceeding was initiated nor pending against the applicant. On 11.05.2011 disciplinary proceeding was initiated under the provisions of Rule 9 of the C.C.S. (Pension) Rules, 1972. As such the respondents cannot withhold the retiral dues of the applicant.

(2.) THE applicant has prayed for the following reliefs:

(3.) MR . Marne submits that the respondents are erroneously paying provisional pension to the applicant inasmuch as provisional pension is payable under Rule 69 of Central Civil Services (Pension) Rules, 1972 only in case of Government servant referred in Sub -rule (4) of Rule 9, against where under Rule 9 disciplinary proceeding was initiated while he was in service and which continued after his retirement. Similarly, Gratuity payable to the Government servant can be withheld under the provisions of Rule 69(1)(c) of the C.C.S. (Pension) Rules, 1972. In the instant case, no disciplinary proceeding was pending against him on the date of his retirement.