Surendra Singh vs Delhi Transport Corporation

R.N. Singh, Member (J)

The matter was listed for final hearing on 24.02.2021 when the same was heard at length.

In the present OA, the applicant, who is stated to have retired from the services of the respondents, has prayed for the following reliefs:-

"8.1 The respondent may be directed to release the arrears of pension of the applicant w.e.f. 01.01.2019 and further to pay his pension regularly.

8.2 Costs of the proceedings be allowed.

8.3 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed."

Pursuant to the notice from this Tribunal, the respondents have filed their counter reply to the OA. In the counter reply, it is asserted by the respondents that in view of the provisions of Rule-8 of CCS (Pension) Rules, 1972, a pensioner is entitled to pension subject to future good conduct. Since the applicant has been involved in a case FIR u/s 376 IPC & sections 5K/5N/6 of POCSO Act and in view of his such involvement, the applicant is still in judicial custody. The Competent Authority has provisionally stopped the pension of the applicant from January 2019 onwards. It is also asserted in the counter reply that a Show Cause Notice was issued to the applicant.

However, he has not responded to the said Show Cause Notice. It is further asserted in the counter reply that in view of the facts and circumstances, the action of the respondents is apt in law and in accordance with the provisions of Rule-8 of CCS (Pension) Rules, 1972.

However, Mr. D.S. Chaudhary, learned counsel for the applicant submits that the respondents have neither served a copy of Show Cause Notice nor a copy of any order for stopping the pension of the applicant provisionally or otherwise and, therefore, in such circumstances the applicant has no other option but to approach this Tribunal by way of filing of the present OA. He submits that even though the applicant was in judicial custody, still it cannot be said that respondents were not in a position to serve a copy of the said Show Cause Notice or their order of stopping of his pension.

At this stage, learned counsel for the applicant submits that the present OA may be disposed of with a direction to the respondents to supply a copy of their said Show Cause Notice as well as a copy of the order passed by them regarding stoppage of pension to the applicant within 10 days of receipt of a copy of this order, if required to be served through him and liberty to the applicant to make appropriate representation to them within 15 days thereafter and with a further direction to the respondents to dispose of such representation in a time bound manner after receipt thereof.

In view of the aforesaid facts and circumstances, the present OA is disposed of with a direction to the respondents to supply a fair and legible copy of the Show Cause Notice and any order passed by them regarding stoppage of pension to the applicant within 10 days of receipt of a copy of this order, if required to be served through the learned counsel Mr. D.S. Chaudhary and on receipt thereof, the applicant shall be at liberty to prefer appropriate reply/representation to the respondents within 15 days, and on receipt of such representation, the respondents are directed to consider and dispose of the applicant's reply/representation so preferred, by passing a speaking and reasoned order, as expeditiously as possible, and in any case within eight weeks of receipt of such reply/representation.

The OA is disposed of in the aforesaid terms.

We, however, make it clear that while passing the present order, we have not gone into the merits of the OA. It is further clarified that even thereafter if any of the grievances of the applicant still survives, he shall be at liberty in accordance with law. No costs.

At this stage, Mr. Rajeev Kumar, learned counsel for respondents appears.