R.C. RATTAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a steno-typist with the Income Tax Department, earned his promotions after joining his service in 1955 and was holding the Post of Income Tax Officer on his superannuation. The petitioner was charge sheeted on 27.11.1986, on the allegation that several assessments had been completed in a dishonest and mala fide manner. Thus, the proceedings, however, remained pending right till the retirement of the petitioner on 31.10.1993. The provisional pension was released to the petitioner but the gratuity was withheld and ultimately the petitioner was fastened with the finding of guilt and a punishment of withholding of permanent pension on 28.05.1996. The petitioner assailed the aforesaid order in O.A. No. 766/PB/96, before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh. The Tribunal found various infirmities as set out in the said order and set aside the inquiry report vide an order dated 09.10.2001 but gave liberty to the respondents, the right to frame the charges based on the documents available and to hold a fresh inquiry to be concluded within six months from the date of receipt of the order subject to full co-operation by the petitioner.

(2.) The respondents did nothing for the complete stipulated time and moved an application after the time was over seeking extension of time, which was rejected on 06.08.2002. It was found that the respondents had acted in lack of diligence and were harassing a retired employee, unnecessarily. The pensionary benefits had not been released. While dismissing the application, further directions were issued that all pensionary benefits be released within a period of 30 days from the date of receipt of the order.

(3.) The pensionary benefits were still not released and the petitioner had to file a contempt petition. It is only thereafter that order that the pensionary benefits were released and consequently the contempt notice was discharged. It may, however, be noticed that what was produced before the Court in seisin of the contempt petition was only the sanction order and the actual release took place only on 06.02.2003.