RAMESH CHANDRA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was initially appointed on the post of LDC at Dhanbad Headquarter got. retired on 31.7.2609 as UDC from the regional office of the Coal Mines Provident Fund Commissioner, Asansol on his superannuation. Before six months of his retirement, memo of charges was served upon him whereby he was charged to have been found along with office bearers of unrecognized union raising slogans and insinuating other staffs against the Commissioner and Administration of CMPFO, Dhanbad and thus, he was alleged to have violated Rule 3(1) (i), (ii), (iii), Rule 3-C(23)(3), Rules 6 and 7 of the CCS (Conduct) Rules, 1964. The petitioner by placing his case denied all the charges. On such denial, charges were framed and therefore, enquiry committee was constituted to hold an enquiry on the charges. While the disciplinary enquiry was pending, the petitioner got retired on 31.7.2009.

(2.) According to the case of the CMPF, the Commissioner, CMPF Headquarter, Dhanbad on the retirement of the petitioner sought, permission of the President of India under Rule 9(2) (a) of the CCS (Pension) Rules, 1972 to continue disciplinary proceeding against the petitioner, who had retired from service. Upon which, permission was accorded by the Central Government which was communicated by the Ministry of Coal, Government of India, to the Commissioner, CMPF, Dhanbad on 21.10.2009. Since then the proceeding is pending.

(3.) It is the case of the petitioner that after 'retirement, the petitioner applied for payment of all retiral dues, upon which pension was paid but the amount payable towards gratuity, leave encashment was not paid nor the petitioner was allowed to have commutation of pension and, therefore, the petitioner has filed this writ application for a direction to the authority to pay the retiral dues as aforesaid.