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; . . ' V • _• ' ' , . r ' • • ! iNf THE HIGH €au^ OF DELHI AT NiEW LMELiBLI ^
•;W^P.(C) 7525/2617 &CM APP^ ' ^^ ' I : >.
^ '• '
:• V.,- ,•;:•• ' , •'.v.vrPetitioner •;
;• ii' - : Through: -Mr. Gurrnah Chah^l/AdvV with ]^^^ "
: ',.. .{ S. : . - ,' , •• •... . RakeshMarwah,.AE (Electrical).. .' - :
5•V•/;•'^•^v'''---.Yersus--:"
-_'X'^ V"- " - "...'Respondent (
-^Through/'';:; v'
.::r^'-OCORAM: ^ ^ ^
• HON'BLE Ms;JUSTICE REKH^PALLI''^^
• -hv^.v-. ^ ;•;• ''.-./...n" okpER ' V--L'"v-:
^•28;q8.2017.-^ ^r ^3^-Ar': • ::'
' rthe petitioner"has -pr^fOT the present writ ;petition, to, assail the : -
_/ order 'dated 16.X1.2016<passed by- the Central Adniiriistrative Triturial^ x Principal Bench, .'New: Deliii^ (CAT/ tribuhal) in- 6.A. No.•3714^^^ ;
- •J ' '. preferted by -the;-fespondeht/'The tnbunai has allowed the sa^^ directed the .petitionier to pay to tHe resjponderit int^^^
"h y • '•/^n/aci 'HI "HA Oni n 4-/^ OniO, x-sn^TSiM'Q.t^ovir^rl /7i"P tvir*Mi*Wc • ' • L..
- ^ i.: ' ' ;;The,resp6ndent/was issued a charge sheet on 22^^^^ •
: . ; ,=. ' "• - . he ,had wihmjitted.b^r^fiy-.: •He>sup.©r^ service soon thereafter
..; ^ on 31.05.2010. Eyentually,.the charges/were dropped against,the resjpondeht ..
; • M and,he was paidvtheTetirai^duesM^^^ date. rSince the
2017:DHC:8504-DB f- -'rf. release of the retiral dues was delayed ,by about 2 V2 years^. the respondent preferred the aforesmd O.A. to seek a direction to the petitioner to make payment of interest on delayed payment.. The tribunal has allowed the O.A. > as taken note ofherein above. , , The submission of learned counsel for the petitioner is that-the petitioner while dropping the proceedings against the respondent had done so on account of a technical flaw_ in the inquiry proceeding as pointed out by the Chief Vigilance Officer, CPWD. He further subrnits that while passing - the speaking order dated 16.09.2014 (in piursuance of an earlier order of the tribunal dated 14.07.2014 in O.A. preferred by the respondent), the petitioner had reserved the right to issue other charge sheet to the respondent. Learned counsel submits that since the charges were dropped against the respondent on 30.10.2012, till that date there was no delay in , release of the retiral dues of the respondent and since the amount were , released on the same day, there was no delayat all! ^ -
Having perused the impugned order and the record, we are of the view that there is.no'merit in the present petition. The speaking order dated r " • ' ' ' •
16.09.2014 seeks to reserve the right to issue a fresh charge sheet. Since the respondent had superannuated on 31.05.2010, under the CCS (Pension)
Rules, no inquiry could be initiated after a period of 4 years of the said retirement. Thus, no inquiry can he initiated against the respondent as on date. In fact, none could have been initiated when the speaking order was
•passed on 16.09.2014. - ' ' . ' , ^
Whatever be the ground for dropping of the departmental proceedings against the respondent, the fact ofthe matter is that,they were so dropped by the petitioner unilaterally, arid the respondent was not found guilty of the
2017:DHC:8504-DB. ;• • •:; -
' ' . misconduct alleged against him.' There is no reason why the respondent
. - should suffer on account of the initiation of departmental proceedings against him which, eventually, were dropped by the petitioner itself Thus, \ , the direction issued bythe tribunal requiring the petitioner to pay interest .
9% p.a; oh the retira.1 dues for the period 01.06.-2010 to 30.10.2012 appearto be completely justified.. - -
.Learned counsel for the petitioner has submitted that the GPF amount if had been released to the respondent at the time of his superannuation on
. 31.05.2010. , . The tribunal has not gone into the different elements.ofretiral dues on ^ which'the interest was payable. If any amount was paid to the respondent soon after his superannuation, it goes without saying the interest,would not
' required to be paid on such components.. „
Thepetitionstands disposed of in the aforesaid terms. Dasti.
AUGUST 28,2017 sr . •
VIPIN SANGHI, J lLLI, J
2017:DHC:8504-DB
•;W^P.(C) 7525/2617 &CM APP^ ' ^^ ' I : >.
^ '• '
:• V.,- ,•;:•• ' , •'.v.vrPetitioner •;
;• ii' - : Through: -Mr. Gurrnah Chah^l/AdvV with ]^^^ "
: ',.. .{ S. : . - ,' , •• •... . RakeshMarwah,.AE (Electrical).. .' - :
5•V•/;•'^•^v'''---.Yersus--:"
-_'X'^ V"- " - "...'Respondent (
-^Through/'';:; v'
.::r^'-OCORAM: ^ ^ ^
• HON'BLE Ms;JUSTICE REKH^PALLI''^^
• -hv^.v-. ^ ;•;• ''.-./...n" okpER ' V--L'"v-:
^•28;q8.2017.-^ ^r ^3^-Ar': • ::'
' rthe petitioner"has -pr^fOT the present writ ;petition, to, assail the : -
_/ order 'dated 16.X1.2016<passed by- the Central Adniiriistrative Triturial^ x Principal Bench, .'New: Deliii^ (CAT/ tribuhal) in- 6.A. No.•3714^^^ ;
- •J ' '. preferted by -the;-fespondeht/'The tnbunai has allowed the sa^^ directed the .petitionier to pay to tHe resjponderit int^^^
"h y • '•/^n/aci 'HI "HA Oni n 4-/^ OniO, x-sn^TSiM'Q.t^ovir^rl /7i"P tvir*Mi*Wc • ' • L..
- ^ i.: ' ' ;;The,resp6ndent/was issued a charge sheet on 22^^^^ •
: . ; ,=. ' "• - . he ,had wihmjitted.b^r^fiy-.: •He>sup.©r^ service soon thereafter
..; ^ on 31.05.2010. Eyentually,.the charges/were dropped against,the resjpondeht ..
; • M and,he was paidvtheTetirai^duesM^^^ date. rSince the
2017:DHC:8504-DB f- -'rf. release of the retiral dues was delayed ,by about 2 V2 years^. the respondent preferred the aforesmd O.A. to seek a direction to the petitioner to make payment of interest on delayed payment.. The tribunal has allowed the O.A. > as taken note ofherein above. , , The submission of learned counsel for the petitioner is that-the petitioner while dropping the proceedings against the respondent had done so on account of a technical flaw_ in the inquiry proceeding as pointed out by the Chief Vigilance Officer, CPWD. He further subrnits that while passing - the speaking order dated 16.09.2014 (in piursuance of an earlier order of the tribunal dated 14.07.2014 in O.A. preferred by the respondent), the petitioner had reserved the right to issue other charge sheet to the respondent. Learned counsel submits that since the charges were dropped against the respondent on 30.10.2012, till that date there was no delay in , release of the retiral dues of the respondent and since the amount were , released on the same day, there was no delayat all! ^ -
Having perused the impugned order and the record, we are of the view that there is.no'merit in the present petition. The speaking order dated r " • ' ' ' •
16.09.2014 seeks to reserve the right to issue a fresh charge sheet. Since the respondent had superannuated on 31.05.2010, under the CCS (Pension)
Rules, no inquiry could be initiated after a period of 4 years of the said retirement. Thus, no inquiry can he initiated against the respondent as on date. In fact, none could have been initiated when the speaking order was
•passed on 16.09.2014. - ' ' . ' , ^
Whatever be the ground for dropping of the departmental proceedings against the respondent, the fact ofthe matter is that,they were so dropped by the petitioner unilaterally, arid the respondent was not found guilty of the
2017:DHC:8504-DB. ;• • •:; -
' ' . misconduct alleged against him.' There is no reason why the respondent
. - should suffer on account of the initiation of departmental proceedings against him which, eventually, were dropped by the petitioner itself Thus, \ , the direction issued bythe tribunal requiring the petitioner to pay interest .
9% p.a; oh the retira.1 dues for the period 01.06.-2010 to 30.10.2012 appearto be completely justified.. - -
.Learned counsel for the petitioner has submitted that the GPF amount if had been released to the respondent at the time of his superannuation on
. 31.05.2010. , . The tribunal has not gone into the different elements.ofretiral dues on ^ which'the interest was payable. If any amount was paid to the respondent soon after his superannuation, it goes without saying the interest,would not
' required to be paid on such components.. „
Thepetitionstands disposed of in the aforesaid terms. Dasti.
AUGUST 28,2017 sr . •
VIPIN SANGHI, J lLLI, J
2017:DHC:8504-DB
JUDGMENT