ups_01053 — Respondents, Chief Secretary, Government of Punjab and others are directed to pay 7% interest on the amount of gratuity of ₹ 10 lakhs and part of leave encashment of ₹ 99,354 for delay beyond 3 months from these became due till the date of their actual payment to the Applicant. This order is to be complied within 3 months on receipt of this order

UPS

Respondents, Chief Secretary, Government of Punjab and others are directed to pay 7% interest on the amount of gratuity of ₹ 10 lakhs and part of leave encashment of ₹ 99,354 for delay beyond 3 months from these became due till the date of their actual payment to the Applicant. This order is to be complied within 3 months on receipt of this order — Retired Indian Administrative Officer in Punjab awarded 7% interest on delayed gratuity and leave encashment payment after disciplinary case dismissal (O.A. No. 060/0515 of 2020) O.A. No. 060/0515 of... — Facts:Applicant is a retired Indian Administrative Officer of Punjab. Applicant retired on attaining the age of superannuation on 31-1-2014. He was paid full provisional pension, gratuity of ₹ 10 lakhs and part of leave encashment of ₹ 99,354 was withheld. Notification of retiring the affidavit on 31-1-2014 (A/2) does not indicate any condition or limitation. It is stated that the Applicant purchased a luxury car for his official use incurring an expenditure of ₹ 10,44,489 out of District Red Cross Society funds on 14-6-2014 when the Applicant was Divisional Commissioner-cum-President, Red Cross Society, Kapurthala. Hence he was issued with a charge-sheet on 13-6-2015. The enquiry report submitted on 21-10-2015 partially proved the charges. Applicant submitted his defence, dated 13-11-2015. As no decisions was taken, his retiral benefits were withheld due to which he filed O.A. No. 060/1172 of 2017 for dropping disciplinary proceedings. Finally, the Applicant was exonerated in the disciplinary case on 20-6-2019 (A/7). Regular pension gratuity and other dues were passed in September 2019 (A/8). By representation, dated 31-10-2019 (A/10), Applicant requested for payment of 18% per annum for delayed payment vide his representation, dated 31-10-2019 (A/10). This has been decided by Respondents vide the impugned order, dated 6-7-2020 (A/1). That representations was requesting payment of interest on delayed release of retiral dues to him, at 18% per annum for the period of delay. Respondents had admitted the facts of the case as well. Tribunal heard both sides. On the date of retirement of the Applicant in January, 2014, no disciplinary or vigilance case was pending against the Applicant. Other details prove that no financial loss was involved. Due to pending disciplinary case, retirement dues were delayed by over 5 years, consisting of gratuity of ₹ 10 lakhs and leave encashment of ₹ 99,354 Group Insurance Scheme payment of ₹ 1,20,944 was also delayed for a period of only 6 months. Respondents relied on Rule 6 (2) of All India Services (Death-cum- Retirement Benefits) Rules, 1958. Rule 6 is reproduced in the judgment. This Rule basically gives the Government authority to withhold pension or gratuity or both either in full or in part, in case the pensioner is found to be guilty of grave misconduct or of having caused pecuniary loss to the Government. This rule does not discuss the issue of payment of interest at all. So, the relief claimed by the Applicant is not at all covered in any manner under this Rule Rule 6 (1)
(b)
(ii) below this Rule clarifies that “a departmental proceeding shall be deemed to be instituted when the charges framed against the pensioner are issued to him:” The charge-sheet to the Applicant was issued on 13-6-2015, after four years of the event were completed, Even though the charge-sheet was issued within the time-limit, it does not build much confidence to the elimination of the possibility of an element of bias or harassment to the Applicant.

UPS

Respondents, Chief Secretary, Government of Punjab and others are directed to pay 7% interest on the amount of gratuity of ₹ 10 lakhs and part of leave encashment of ₹ 99,354 for delay beyond 3 months from these became due till the date of their actual payment to the Applicant. This order is to be complied within 3 months on receipt of this order — Retired Indian Administrative Officer in Punjab awarded 7% interest on delayed gratuity and leave encashment payment after disciplinary case dismissal (O.A. No. 060/0515 of 2020) O.A. No. 060/0515 of... — Facts:Applicant is a retired Indian Administrative Officer of Punjab. Applicant retired on attaining the age of superannuation on 31-1-2014. He was paid full provisional pension, gratuity of ₹ 10 lakhs and part of leave encashment of ₹ 99,354 was withheld. Notification of retiring the affidavit on 31-1-2014 (A/2) does not indicate any condition or limitation. It is stated that the Applicant purchased a luxury car for his official use incurring an expenditure of ₹ 10,44,489 out of District Red Cross Society funds on 14-6-2014 when the Applicant was Divisional Commissioner-cum-President, Red Cross Society, Kapurthala. Hence he was issued with a charge-sheet on 13-6-2015. The enquiry report submitted on 21-10-2015 partially proved the charges. Applicant submitted his defence, dated 13-11-2015. As no decisions was taken, his retiral benefits were withheld due to which he filed O.A. No. 060/1172 of 2017 for dropping disciplinary proceedings. Finally, the Applicant was exonerated in the disciplinary case on 20-6-2019 (A/7). Regular pension gratuity and other dues were passed in September 2019 (A/8). By representation, dated 31-10-2019 (A/10), Applicant requested for payment of 18% per annum for delayed payment vide his representation, dated 31-10-2019 (A/10). This has been decided by Respondents vide the impugned order, dated 6-7-2020 (A/1). That representations was requesting payment of interest on delayed release of retiral dues to him, at 18% per annum for the period of delay. Respondents had admitted the facts of the case as well. Tribunal heard both sides. On the date of retirement of the Applicant in January, 2014, no disciplinary or vigilance case was pending against the Applicant. Other details prove that no financial loss was involved. Due to pending disciplinary case, retirement dues were delayed by over 5 years, consisting of gratuity of ₹ 10 lakhs and leave encashment of ₹ 99,354 Group Insurance Scheme payment of ₹ 1,20,944 was also delayed for a period of only 6 months. Respondents relied on Rule 6 (2) of All India Services (Death-cum- Retirement Benefits) Rules, 1958. Rule 6 is reproduced in the judgment. This Rule basically gives the Government authority to withhold pension or gratuity or both either in full or in part, in case the pensioner is found to be guilty of grave misconduct or of having caused pecuniary loss to the Government. This rule does not discuss the issue of payment of interest at all. So, the relief claimed by the Applicant is not at all covered in any manner under this Rule Rule 6 (1)
(b)
(ii) below this Rule clarifies that “a departmental proceeding shall be deemed to be instituted when the charges framed against the pensioner are issued to him:” The charge-sheet to the Applicant was issued on 13-6-2015, after four years of the event were completed, Even though the charge-sheet was issued within the time-limit, it does not build much confidence to the elimination of the possibility of an element of bias or harassment to the Applicant.

Original Rule Text

Original Rule Text