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HIGH COURT OF DELHI
W.P.(C) No7504/2010 25th October, 2013 M.M.DUTT .... Petitioner
Through: None.
Through: Ms. Hetu Arora Sethi, Advocate for R-1.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. Against the petitioner departmental proceedings were commenced prior to his retirement. The impugned order dated 2.7.2008 was thereafter passed not releasing gratuity, leave encashments and commutation of pension. This writ petition was thereafter filed for release of retiral benefits of leave encashments, gratuity and GSLIP.
2. Counsel for respondent no.1 has placed on record the copy of the order dated 30.9.2013 passed by the disciplinary authority imposing a cut of Rs.2000/- per month from the pension payable to the petitioner. 2013:DHC:5481 WPC 7504/2010
3. Therefore, so far as the gratuity and leave encashments are concerned, no deductions can be made and therefore, counsel for respondent no.1 states that in accordance with the rules, the gratuity and leave encashment amounts would be paid to the petitioner within a period of three months from today.
4. So far as the amount towards GSLIP is concerned, counsel for respondent no.1 states that the same has already been paid to the petitioner.
5. The writ petition is accordingly disposed of in terms of the above observations, giving liberty to the petitioner to challenge the order passed by the disciplinary authority dated 30.9.2013 in an appropriate proceedings and the issue of deduction of pension in terms of this judgment dated 30.9.2013 will be decided in such appropriate independent proceedings. Parties are left to bear their own costs.
OCTOBER 25, 2013 VALMIKI J. MEHTA, J. ib