BRAJASUNDAR PATNAIK Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) THE petitioner, who is a retired Executive Engineer of the Works Department, Government of Orissa, has filed the instant writ petition against the impugned judgment/order dated 14.12.2000 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 288 of 2000 by which the Tribunal dismissed his claim petition in so far as the same related to the prayer of the petitioner before the Tribunal for a direction for payment of gratuity. Rather the Tribunal has directed that the gratuity shall not be paid until the criminal proceeding which is pending against the petitioner is concluded.

(2.) THE petitioner was retired on 30.9.1992 i.e. about more than 14 years ago. He had stated before the Tribunal that after about two months of his retirement, a vigilance raid was conducted at his residence consequent upon which the criminal proceeding was initiated on 6.5.19.96. The State Government did not sanction the full pension of the petitioner and he was only sanctioned the provisional pension and the commuted value of his provisional pension, but his gratuity has been withheld.

(3.) IT has been admitted by the opposite parties that at the time of retirement of the petitioner, no departmental proceeding was pending against him and consequently a vigilance case as mentioned above has been instituted against him under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1986 on the basis of the allegations of having disproportionate assets to the tune of Rs. 9,42,166.61 and due to this reason, his pensionary benefits have not been released.