VIJAY PRAKASH PIPLANI Vs. B.L. SHARMA

JUDGEMENT

(1.) NON -compliance of the order dated 14.03.2011, passed by this Court has been alleged in this contempt petition. Thereunder this Court had held that withholding of pension, gratuity and leave encashment due to the petitioner on his retirement without any legal foundation could not be sustained and reliance upon Ordinance 357 -C of the University of Rajasthan Ordinance was untenable. In the operative portion of the order dated 14.03.2011, while consequentially setting aside the order dated 20.01.2009 passed by respondent -University, the Court observed that "if punishment of withholding of retiral benefits or other punishment cannot be imposed under the rules applicable to the University employees, respondents are expected not to commit same illegality."

(2.) COUNSEL for the petitioner and the petitioner present in person have submitted that the pension of the petitioner has been released. They however submit that leave encashment to which the petitioner is entitled as also due gratuity is not being paid to him. No inquiry has been conducted by the University to determine any loss caused to the University for action/s attributable to the petitioner. It is submitted that the nonpayment of amount due under the leave encashment and gratuity therefore constitutes contempt of the order dated 14.03.2011, passed by this Court.

(3.) MR . Hemant Tailor, counsel for the petitioner, submits that no inquiry has been held against the petitioner for determination of the amount of loss occasioned to the University by the alleged dereliction of duty by the petitioner. He further submits that in this view of the matter even with reference to condition No. 1 for payment of gratuity, gratuity could not have been withheld. He further submits that the petitioner is not at all responsible for the levy of penalty by RSEB on the University for overdrawing of electricity in excess of the sanctioned load. Counsel further submits that in any event of the matter, there is no provision under the University of Rajasthan Ordinances for withholding of encashment of leave to which an employee is entitled.