DAULAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant herein has prayed for the relief that the respondents be directed to release Death cum Retirement Gratuity of the applicant amounting to Rs. 1,54,836 after deducting rs.7,000 -/ with interest at the rate of 12% per annum w.e.f. September 19,2001 the date when the matter of departmental disciplinary proceedings was over against the applicant.

(2.) In brief, the case of the applicant as made out in this Original Application is that the applicant while working as Deputy Ranger Common disciplinary proceedings were initiated against him and other three forest officials vide order dated April 21,1998. In the said disciplinary proceedings a minor penalty of recovery of proportionate loss to the Govt. Amounting to Rs.7000/ - was imposed on the applicant vide order dated September 19,2001, copy whereof is at Annexure A -1. The applicant superannuated on March 31,2001 from the service but the death -cum -Retirement Gratuity of the application amounting to Rs. 1,54,836/ - has not been released to him till date despite the representation submitted by the applicant to respondent No.4 that amount of penalty imposed vide order September 19,2001 may be deducted from the amount of his DCRG. The applicant also submitted the representation to the respondent No.2 in the year 2004 and pursuant to this representation, the respondent No.2 vide letter dated November 19,2004 (Annexure A -2) directed the respondents No.3 and 4 to release the payment of DCRG to the applicant forthwith but even after this communication Annexure A -2, the amount o f DCRG has not been released to the applicant. Thus the non -releasing the due and admissible amount to DCRG to the applicant is illegal, arbitrary and unlawful, hence this Original Application.

(3.) The respondents have contested the claim of the applicant and averred in their reply that the applicant was charge sheeted by the respondent No.4 in case of disciplinary proceedings and minor penalty was imposed vide order dated September 19,2001 for the recovery of proportionate loss to the Govt. of H.P. amounting to Rs.7000/ - on the applicant after conducting inquiry as per CCS and CCA Rules. In addition to this the applicant was also involved in another case F.I.R.No.127/1996 titled State of H.P. Vs. Pawan Kumar and others which was decided by the learned Special Judge Bilaspur on June 11,2004 with the direction to the respondent department to hold departmental enquiry in this case. A copy of the decision of learned Court is at Annexure R -1. However, the applicant has been acquitted by the acquitted by the learned court but this judgment/order has been assailed by the State Govt. before the Honble High Court of Himachal Pradesh by filing Criminal Appeal No.362/2004 which is pending adjudication. Thus, in these circumstances as per the provisions of Rule 69 (c) of Pension Rules, 1972 the DCRG benefits cannot be released to the applicant who superannuated on March 31, 2002 (instead on March 31,2001) till the final decision of the case. The penalty amount ofrs.700/ - can only be adjusted after the final decision of the aforesaid criminal Appeal. The Original Application is devoid of merit and may be dismissed in the interest of justice.