POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH Vs. RAMESH CHANDER TULI AND OTHERS

JUDGEMENT

(1.) Post Graduate Institute of Medical Education and Research, Chandigarh has filed the instant writ petition under Articles 226/227 of the Constitution of India challenging the order dated 14.7.2011 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby the petitioner Institute was directed to release an amount of Rs. 2 lacs forthwith to respondent No. 1 out of the gratuity amount of Rs. 4 lacs; as well as the order dated 2.12.2011 (Annexure P-8) passed by the Tribunal, vide which the inquiry proceedings pending against respondent No. 1 were held to be vitiated and the petitioner Institute was restrained from further proceeding with the said inquiry. We have heard learned counsel for the petitioner Institute and gone through both the impugned orders.

(2.) In the present case, respondent No. 1 was working as Hospital Engineer in the petitioner Institute. He retired from service on attaining the age of superannuation on 30.4.2007. After his retirement, a charge sheet was served on him on 12.11.2009 with regard to delivery of 420 bags of cement to the contractor at Government rates without actual receipt and consumption of the cement. The total amount, involved in the charge sheet, as mentioned in the order dated 14.7.2011, is Rs. 58,000/-. Due to pendency of the said inquiry, the entire gratuity of respondent No. 1 to the tune of Rs. 4 lacs was withheld. Respondent No. 1 approached the Tribunal by filing Original Application No. 266-CH of 2011, seeking direction to the petitioner Institute to release the amount of gratuity, as withholding of the entire amount of gratuity for an amount of Rs. 58,000/- was not justified.

(3.) The Tribunal, vide order dated 14.7.2011, directed the petitioner Institute to release an amount of Rs. 2 lacs forthwith to respondent No. 1 out of the gratuity amount of Rs. 4 lacs. By the same order, the petitioner Institute was also directed to complete the inquiry expeditiously. The time was fixed upto 31.8.2011. The petitioner Institute did not challenge the said order.