BHARAT SANCHAR NIGAM LIMITED Vs. MANORANJAN PRASAD SINGH

JUDGEMENT

(1.) Vide order dated 4th of August, 2015 passed by the Central Administrative Tribunal, Patna Bench, Patna in OA No. 904 of 2011 a direction has been issued upon the authorities of Bharat Sanchar Nigam Ltd. (hereinafter referred to as the BSNL) to release and pay the gratuity in favour of private respondent No. 1 as also pay interest @ 8% from October, 2006 till date of payment. It is this decision which is subject matter of challenge in the present writ application filed on behalf of the BSNL.

(2.) The sole question for consideration before this Bench is whether the Central Administrative Tribunal has committed a patent error of law by misinterpreting Rule 58 of BSNL (Conduct, Discipline and Appeal) Rules, 2006 to mean that it has repealed all Rules including CCS(Pension) Rules, 1972.

(3.) Learned counsel representing BSNL submits that the private respondent was a Divisional Engineer (Phones) posted at Gaya at the relevant time. He came to be investigated by the Central Bureau of Investigation for disproportionate assets and after investigation a charge-sheet has been filed before the CBI Court and the trial is pending. He superannuated on 30th of June, 2005 and initiated the proceeding before the Tribunal for release of his gratuity, which the BSNL authorities decided to withhold due to pendency of the criminal case. The power in this regard, according to the counsel, flows from a reading of Rule 69(1)(c) of the CCS (Pension) Rules, which reads as under : "69.(1)(c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon."