M. SRAVAN KUMAR Vs. JOINT COMMISSIONER ST

JUDGEMENT

(1.) Challenging the action of the respondents in withholding the Gratuity, commutation value of pension and only releasing provisional pension without there being any departmental enquiry/ proceedings pending against him, the petitioner filed the present writ petition under Article 226 of the Constitution of India and a consequential direction was also sought to release the retirement benefits to the petitioner.

(2.) Petitioner asserts that he was initially appointed as Junior Assistant on 2/3/1994 and subsequently rose to the post of Deputy State Tax Officer in the year 2015 and ultimately retired from service on attaining superannuation on 30/11/2020. Prior to retirement itself he submitted set of pension papers on 27/11/2020 to the first respondent which was forwarded to the third respondent for sanction of service pension and other retirement benefits. But unfortunately only provisional pension was sanctioned by withholding Gratuity of more than ten lakhs and commutation value of pension of twelve lakhs. Petitioner further asserts that while he was working as ACTO at Border Commercial Tax Check Post, Wadepally, Nalgonda District a surprise check was conducted by the ACB officials on 30/7/2016, however, nothing was found suspicious or any ill-gotten from him. No disciplinary enquiry was initiated even as on today. Therefore, question of withholding the pension and retirement benefits is violative of Article 14 and 300-A of the Constitution of India apart from contrary to Rule 9 (6) of Revised Pension Rules, 1980. Hence the present writ petition.

(3.) The second respondent filed counter affidavit stating that the petitioner, while working as Assistant Commercial Tax Officer, Vishnuparam (Wadapally), Nalgonda District on 30/7/2016, committed certain irregularities by allowing three unauthorized private persons to divert the transport vehicles by collecting bribe of Rs.18,000.00 and odd, by colluding with the staff working there and the said amount was seized by ACB officials during surprise check. It is further submitted that the Government in Memo dtd. 22/3/2022 entrusted the case against the petitioner along with three other accused officers to the Tribunal for Disciplinary Proceedings on the allegation of corruption and irregularities committed at Border Check Post, Wadapally, Nalgonda district, which is still pending. Therefore, no Gratuity shall be paid until the conclusion of the departmental or judicial proceedings so also the pension.