UNION OF INDIA Vs. RAM SURESH RAM

JUDGEMENT

(1.) Union of India has filed this writ petition being aggrieved by the part of the decision of the Central Administrative Tribunal, Patna Bench, Patna dated 13.03.2014, passed in O.A. No. 695 of 2012 by which the Union of India has been directed to refund the amount of gratuity and leave encashment with interest of 8% from the due date till the date it is paid.

(2.) Heard Sri Sanjay Kumar, learned Assistant Solicitor General for the petitioner and Sri Dinu Kumar for the contesting respondent, who was the applicant before the Tribunal, and with their consent we are disposing of this writ petition at this stage itself.

(3.) Having heard the parties, in our view, the Union of India has made out a case for interference. So far as the gratuity is concerned, Rule 69(c) of the CCS (Pension) Rules clearly authorizes withholding of gratuity during pendency of departmental proceedings or judicial proceedings, even then the Tribunal passed the order to refund the gratuity. Once the statute authorizes withholding of gratuity pending such proceedings then it was not open to the Tribunal to direct payment of interest on the amount payable as gratuity to the respondent. We, thus, have no hesitation in setting aside that part of the order by which the Tribunal has ordered for payment of interest on the delayed payment of gratuity concerned.