K. YANGLA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Mr. Jemon, learned counsel appearing for the petitioner, Mr. Niranjan Sanasam, learned GA appearing for the respondents No. 1 to 4 and Mr. S. Suresh, learned counsel appearing for the respondent No. 5

(2.) The facts of the present case, in a nutshell, are that while the petitioner was serving as an Assistant Sub-Inspector of Police in the Manipur Police Department, a Departmental Enquiry was held against him and on the basis of the enquiry report, the S.P., Ukhrul, issued an order dtd. 7/1/2010 imposing upon the petitioner a major punishment of withholding his increment with cumulative effect for a period of three years from the date of suspension of the petitioner from service. Subsequently, the petitioner retired from service as a Sub-Inspector of Police w.e.f. 29/2/2016 on attaining the age of superannuation. After the retirement of the petitioner, the Office of the Accountant General (A&E), Manipur, issued a gratuity payment order dtd. 22/11/2017 for payment of a sum of Rs.1,86,539.00 as retirement gratuity. In the said order, it was also mentioned that a sum of Rs.7 21 073.00 on account of over-payment of pay and allowances may be recovered. The said order also indicated that a sum of Rs.1,89,889.00 have also been deducted from the total gratuity payable to the petitioner.

(3.) The Office of the Principal Accountant General (A&E), Manipur, respondent No. 5 herein, gave the following two reasons for issuing the impugned gratuity payment order and for deducting the amount of Rs.1,89,889.00 from the total gratuity amount payable to the petitioner:-