H.R. CHOUDHARY S/O LATE SHRI KANA RAM CHOUDHARY, AGED ABOUT 69 YEARS, D Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, JAIPUR

JUDGEMENT

(1.) The present writ petition assails order dated 26/07/2012 of the Central Administrative Tribunal, Jaipur Bench dismissing OA No.102/2011 declining relief for payment of pension and gratuity.

(2.) Learned Counsel for the Petitioner submits that he was suspended on 13/12/2004 under Rule 10(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred as the "CCS Rules") in contemplation of a departmental proceeding. He superannuated on 31/12/2004. Till that date, no charge-sheet was issued or served upon him. On 18/01/2005 orders were issued that in view of the pendency of a vigilance case, provisional pension was sanctioned withholding Death-cum-Retirement Gratuity/CVP till conclusion of the vigilance case. This order was totally unjustified and based on a non-est ground as no departmental proceeding had been initiated till superannuation. The petitioner was therefore entitled to full pension and gratuity with interest.

(3.) It was next submitted that he was convicted on a criminal charge for the death of his daughter-in-law under Sec. 306 Penal Code on 16/12/2004. It had nothing to do with discharge of his official duties. On 29/11/2004, referring to the conviction show cause notice was issued under Rule 19 of the CCS Rules and which was duly replied. It was specifically contended that pension and other retiral benefits could not be withheld for that reason under Rule 69 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred as the "Pension Rules"). The department had also issued clarification on 24/03/2003 that "judicial proceedings" referred to in Rule 69 did not include a conviction or a proceeding unrelated to service. The Tribunal gravely erred in denying relief to the petitioner.