ups_00436 — Disbursement of terminal benefits to an employee who had been proceeded against for any criminal offence, but acquitted be not deferred till the disposal of any appeal against acquittal

Disbursement of terminal benefits to an employee who had been proceeded against for any criminal offence, but acquitted be not deferred till the disposal of any appeal against acquittal — The chunk pertains to a court order directing the respondents to pay additional retirement benefits to the applicant, who had been previously penalized but later acquitted, within eight weeks from re... — Facts: This instant application has been filed by the Applicant praying inter alia for following reliefs:- That the Hon'ble Tribunal be pleased to direct the Respondent authorities to grant the privilege of regular pension along with other pensionary benefits such as gratuity, leave encashment, arrears, group insurance, etc. and other such allowances which the Applicant is entitled to and make final settlement to his pension case. That the Hon'ble Tribunal may be pleased to direct the Respondent authorities to complete the processing of the Vigilance Clearance Certificate and thereby absorb the Applicant in BSNL as expeditiously as possible. That the Hon'ble Tribunal be pleased to direct the Respondent authorities to act upon the pending representation, dated 9-4-2019 and 7-3-2020 of the Applicant without any further delay and grant the Applicant his legitimate rights he is entitled to. As per the Applicant, he retired from service on 30-11-2011. However, during his service period, he was inflicted with a criminal proceeding in the year 2003. However, he was acquitted from the criminal case on 10-5-2018. In the meantime, one Disciplinary Proceeding was initiated against him on 21-9-2012 i.e. after his retirement and ultimately, said Disciplinary Proceeding was concluded by Final Order, dated 26-2-2019 (Annexure-A/3), whereby he was imposed with a penalty of withholding of 10% cut of monthly pension for a period of one year. Even then, he was not paid the final pension along with other pensionary benefits such as gratuity, leave encashment, arrears, group insurance, etc. on the ground that the CBI had filed one criminal appeal before the Learned Court of Additional District and Sessions Judge, Guwahati and for that reason, no vigilance clearance can be issued. This Tribunal vide Order, dated 15-12-2022 had directed the Respondents to make payment of GPF, Leave Encashment, GIS and other admissible retiral benefits to the Applicant immediately. According to Learned Senior Advocate appearing for the Applicant, till date, he has only been paid GIS, GPF and Leave Encashment, though as per him, the period of penalty has also expired on 26-2-2020. Even he has been acquitted by the criminal court and no stay has been granted by the Appellate Forum. Therefore, he is entitled to get his retiral benefits. Learned Senior Advocate for the Applicant has argued that the Applicant has also submitted an undertaking to the Respondents on 27-2-2023. Even then, he has not been paid DCRG, Commuted Leave and arrears and other admissible dues. Therefore, he has prayed for a direction upon the Respondents to make payment of all admissible dues with due interest as he has already suffered with the punishment imposed in connection with disciplinary proceeding and has been acquitted from the criminal case. Therefore, non-payment of retiral benefit amounts to double jeopardy. Learned BSNL Counsel for the Respondent Nos. 4 to 9 has submitted that as per Circular dated 30-12-2019, the department is under process of making payment of all the admissible dues to the Applicant. The Tribunal had heard Learned counsels of both sides and perused the documents. It is noted that the Applicant was imposed with a punishment vide Order, dated 26-2-2019 and also acquitted from the criminal case vide Order dated 10-5-2018 and no stay Order has been passed by the appellate forum.