Dharam Singh vs Government Of NCT Of Delhi And Ors

The applicant has filed this OA, seeking the following reliefs:-

(i) Quash and set aside the impugned order dated 28.05.2015;

(ii) Subsequently, the respondents be directed to release the pension and all other retiral benefits, as admissible to the applicant, forthwith, with interest

@9% per annum w.e.f. 01.06.2015 till payment;

(iii) Pass any other relief that this Hon’ble Tribunal may consider fit in the interest of justice.

Brief facts of the case are that the applicant joined Government of NCT of Delhi as Forest Guard on 08.08.1979 and was subsequently promoted

as Deputy Forest Ranger on ad hoc basis on 24.02.2000. His services as Deputy Forest Ranger were regularized w.e.f. 01.06.2002 vide letter dated

07.05.2003. The applicant was to retire on attaining the age of superannuation on 31.05.2015 and in this regard letter dated 09.09.2014 was also issued

by the respondents. Meanwhile, the respondents issued an inter-departmental letter dated 28.05.2015, just three days before his retirement, stating that

the matriculation certificate submitted by the applicant was found to be suspicious and, therefore, vigilance clearance could not be granted and

appropriate action be taken to stop pensionary benefits to the applicant. Though the applicant superannuated on 31.05.2015 from the post of Deputy

Forest Ranger but no pensionary benefits were released to him under the garb of letter dated 28.05.2015. Hence, the present OA.

The applicant has pleaded that when his representations dated 08.06.2015 and 27.07.2015 against the impugned order were not responded to by the

respondents, he made a detailed representation dated 21.03.2017 to the Chief Secretary, Govt. of NCT of Delhi which also met the same fate. The

applicant further states that during his entire service tenure, there was neither any disciplinary proceedings pending against him nor he was put under

suspension at any point of time. The applicant further submitted that as per Rule 9(2)(b) of the CCS (Pension) Rules, 1972, he cannot be proceeded

departmentally as the event mentioned in letter dated 28.05.2014 are more than four years old. To substantiate his arguments, he placed reliance on

the decision of the Hon’ble High Court of Delhi in the case of Rajinder Singh vs. Delhi Transport Corporation & Ors [WP(C) No.2744/2011],

relevant portion of which is extracted hereunder:-

“12. As mentioned above, as per Rule 9(2)(b)(ii) of the Pension Rules, the Departmental proceedings, if not instituted while the employee was in

service, whether before his employment or during his employment, “shall not be in respect of any event which took place more than four years

before such institution…â€​

The respondents have filed their reply and opposed the prayer made in the OA reiterating the factual position, as narrated above. It is seen that the

respondents have recently passed an order dated 15.02.2019, which is annexed with the counter reply as Annexure-VI, perusal of which clearly

shows that after going through the records carefully and considering the facts and circumstances of the case, the disciplinary authority dropped the

enquiry against the applicant and directed to release the pensionary benefits to the applicant without further delay to avoid further harassment to him.

Relevant portion of the order reads as under:-

“Now, therefore, the undersigned being the Disciplinary Authority, after going through records carefully and considering the facts and

circumstances of the case, as stated above, is of the considered view that the enquiry against Sh. Dharam Singh, DRO (Retired) is hereby dropped

and his pensionary benefits be released without further delay to avoid further harassment of him.â€​

Heard the learned counsel for the parties.

Having heard the learned counsel for the parties and gone through the records and particularly detailed order dated 15.02.2019 (Annexure-VI)

passed by the Disciplinary Authority whereby the enquiry proceedings held against the applicant have been dropped and pensionary benefits so

withheld have been directed to be released forthwith. Hence, the respondents should have released the same without any further delay. As the

enquiry was instituted before his retirement on 28.05.2019 and proceedings have been concluded vide the detailed order dated 15.02.2019 passed by

the disciplinary authority, the impugned order dated 28.05.2015 is quashed and set aside. The respondents are directed to comply with the order dated

15.02.2019 passed by the Disciplinary Authority and release the pensionary benefits/post retiral dues to the applicant within a period of 30 days from

the date of receipt of certified copy of this order. They will be liable to pay the interest at GPF rate for any further period if payment is delayed

beyond the same.

With the above directions, the OA is allowed. No order as to costs.