BANSIDHAR SAHLI Vs. STATE OF ORISSA

JUDGEMENT

(1.) ADMINISTRATIVE MEMBER Facts of this O.A., bereft of unnecessary details, are that the applicant while posted as S.I. of schools, Jharsuguda, was in charge of the Sale Centre of the National Text Book, and on being sent for election duty, handed over charge of the 'Sale Centre' to one Parameswar Patnaik.

(2.) THEREAFTER he was transferred from Jharsuguda. After his transfer, it was alleged that he held sold books worth Rs. 1,90,644/ - and after deducting the discount, he was supposed to deposit Rs. 1,79,205.35 in the Treasury, but deposited an amount of Rs. 1,37,231/ - thereby misappropriating an amount of Rs. 41,934.35/ -. He was also charged with misappropriation 5057 National Text Books worth Rs. 27,563/ -. He was, thus proceeded against departmentally as well as a criminal case was filed against him. The applicant approached this Tribunal in O.A. 640 (c)/1994 and during pendency of the O.A., he retired on 30.11.2003, as a result of which the O.A. was disposed of by this Tribunal on 20.6.2006 as infructuous (Annexure 1). The applicant was issued with provisional pension payment' order, but his gratuity and 'No Due Certificate' were withheld. He thereafter approached the Pension Adalat for his gratuity. It is further stated that the Vigilance case against the applicant vide T.R. case No. 14 of 1998 of Special Judge, Vigilance, Sambalpur, ended in acquittal on 31.5.2010 (Annexure -6). The applicant thereafter filed a representation at Annexure - 7 dtd. 6.7.2010 for release of his gratuity which has not been released till date. In this O.A., the applicant has prayed for 7% interest per annum on his gratuity from 1.12.2004.

(3.) IT is now to be decided if the applicant is eligible for interest on the delayed payment of gratuity in accordance with Rule 49(5) of the OCS (Pension) Rules, 1992.