UNION OF INDIA Vs. UTPAL DATTA TALUKDAR

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned CGC appearing on behalf of the petitioners. Also heard Dr. G. J. Sharma, learned counsel appearing for the sole respondent.

(2.) The present proceeding has been instituted by the petitioners, presenting a challenge to the order dtd. 5/12/2023, passed by the learned Central Administrative Tribunal, Guwahati Bench in Original Application No. 040/0062/2023.

(3.) The sole respondent, herein, on conclusion of a departmental proceeding initiated against him came to be imposed with a penalty of dismissal from service without any compassionate allowance i.e. Pension and Gratuity both, vide an order dtd. 27/9/2021, passed by the Disciplinary Authority. The appeal as preferred against the said order dtd. 27/9/2021 was also dismissed by the Appellate Authority vide an order dt. 3/6/2022. The sole respondent had also preferred a revision petition in the matter, before the Revisi-onal Authority, which was also rejected by the competent authority. The sole respondent, thereafter, instituted Original Application No. 62/2023 before the Central Administrative Tribunal, Guwahati Bench, praying for release of his Provident Fund dues along with the dues receivable under Group Insurance Scheme and also the benefits of Leave Encashment. The learned Tribunal, upon consideration of the issues so arising in the said O.A. No. 62/2023 was pleased vide order dtd. 5/12/2023, to dispose of the O.A., directing the petitioners, herein, to release to the sole respondent, herein, his Leave Encashment benefits after verifying his leave account. Being aggrieved, the petitioners have instituted thepresent proceeding.