Delhi High Court
V.P.Singh vs Govt. Of Nct Of Delhi & Ors. on 15 July, 2010
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C.) No. 2935/2010
% Date of decision: 15.07.2010
V.P. SINGH .... Petitioner
Through Petitioner in person
Versus
GOVT. OF NCT OF DELHI & ORS. .... Respondents
Through Ms.Akanksha Sharma for Ms.Ruchi
Sindhwani, Advocate
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE MOOL CHAND GARG
1. Whether reporters of Local papers may be
allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether the judgment should be reported in
the Digest?
MOOL CHAND GARG, J. (ORAL)
*
1. Petitioner retired as Principal under the respondent on
28.02.2007. Some of his retiral benefits such as commutation of
pension and gratuity were not released to him at the time of his
retirement on the ground that a complaint had been filed by the son
of Late Sh.V.K. Verma who committed suicide and was a UDC in the
school where petitioner was the Principal.
2. On account of the death of Sh.V.K. Verma being an unnatural
death a FIR was registered but it may be noted that nobody was
named as an accused therein, much less the petitioner.
3. As on the date of his retirement, the petitioner was neither
facing any departmental proceeding nor any judicial proceeding were
pending against him. Investigation was still pending at the level of
the local police. The challan was presented in Court much after the
petitioner retired and proceedings are pending before the Court
concerned. Till date the charge has not been framed.
4. Since the petitioner retired from service at a point of time when
no disciplinary action was initiated against him as per the service
rule, it is conceded by learned counsel for the parties that the issue at
hand has to be decided with reference to Rule 9 of the CCS (Pension)
Rules, 1972.
5. The Tribunal has negated the plea urged by the appellant as
prayed but has directed 2/3rd pension and gratuity to be paid. The
Tribunal while disposing of the aforesaid OA passed the following
directions:-
"9. In view of the total facts and circumstances of the
case discussed within, I come to the considered conclusion
that the Applicant is entitled to some relief. Accordingly,
the Respondent No. 1 and 2 are directed to take action as
per the following:-
1. To check the status of the Criminal Case in Fir
No.735/2006 and find whether the Applicant is
being charged in the case.
2. If the answer to point -1 above is in negative,
the Applicant would be released remaining
pensionary benefits fully (Gratuity, Commuted
Value of Pension and Final Pension Payment).
3. If the Applicant is being charged in the said
case, he would be released (i) 2/3rd of the
Commuted value of Pension and (ii) 2/3rd the
gratuity. Thus, the balance 1/3rd of both
gratuity and commuted value of pension would
be released or not would be decided by the
Respondents after receipt of the decision in the
said criminal case.
4. No interest would be applicable for the
payments so made to the Applicant.
5. This exercise shall be completed within a
period of 4 months from the date of receipt of
the certified copy of this order."
6. Rule 9 of the CCS (Pension) Rules, 1972 reads as under:-
"9. Right of President to withhold or withdraw
pension
[(1) The President reserves to himself the right of
withholding a pension or gratuity, or both, either in full or
in part, or withdrawing a pension in full or in part, whether
permanently or for a specified period, and of ordering
recovery from a pension or gratuity of the whole or part of
any pecuniary loss caused to the Government, if, in any
departmental or judicial proceedings, the pensioner is
found guilty of grave misconduct or negligence during the
period of service, including service rendered upon re-
employment after retirement :
Provided that the Union Public Service Commission shall be
consulted before any final orders are passed :
Provided further that where a part of pension is withheld or
withdrawn the amount of such pensions shall not be
reduced below the amount of rupees three hundred and
seventy-five (Rupees One thousand two hundred and
seventy-five from 1-1-1996-see GID below Rule 49) per
mensem.]
(2)(a)The departmental proceedings referred to in sub-rule (1),
if instituted while the Government servant was in service
whether before his retirement or during his re-employment,
shall, after the final retirement of the Government servant, be
deemed to be proceedings under this rule and shall be
continued and concluded by the authority by which they were
commenced in the same manner as if the Government servant
had continued in service :
Provided that where the departmental proceedings are
instituted by an authority subordinate to the President,
that authority shall submit a report recording its findings to
the President.
(b)The departmental proceedings, if not instituted while
the Government servant was in service, whether before his
retirement, or during his re-employment, -
(i) shall not be instituted save with the sanction of the
President,
(ii) shall not be in respect of any event which took place
more than four years before such institution, and
(iii) shall be conducted by such authority and in such
place as the President may direct and in accordance with
the procedure applicable to departmental proceedings in
which an order of dismissal from service could be made in
relation to the Government servant during his service.
(3) 1omitted
(4) In the case of Government servant who has retired
on attaining the age of superannuation or otherwise and
against whom any departmental or judicial proceedings
are instituted or where departmental proceedings are
continued under sub-rule (2), a provisional pension as
provided in 2[Rule 69] shall be sanctioned.
(5) Where the President decides not to withhold or
withdraw pension but orders recovery of pecuniary loss
from pension, the recovery shall not ordinarily be made
at a rate exceeding one-third of the pension admissible
on the date of retirement of a Government servant.
(6) For the purpose of this rule, -
(a) departmental proceedings shall be deemed to be
instituted on the date on which the statement of charges
is issued to the Government servant or pensioner, or if
the Government servant has been placed under
suspension from an earlier date, on such date ; and
(b) judicial proceedings shall be deemed to be instituted
-
(i) in the case of criminal proceedings, on the date on
which the complaint or report of a police officer, of which
the Magistrate takes cognizance, is made, and
(ii) in the case of civil proceedings, on the date the plaint
is presented in the Court."
7. It is apparent that as per Rule 9(6)(b) judicial proceedings are
deemed to be instituted when a report is presented by the police
officer to a Magistrate. In the instant case no such report was filed
and hence the question of the same being pending when the
petitioner retired does not arise.
8. Admittedly, no departmental proceeding was pending against
the petitioner as on the date of his retirement inasmuch as it is an
admitted position that he was never charge sheeted.
9. It is important to note that in the FIR in question nobody has
been named as an accused and the report under Section 173 Cr.P.C.
filed by the Police was much after the petitioner retired from service
and that even till today no charge has been framed against the
petitioner.
10. Thus, no judicial proceedings being pending within the meaning
of Rule 9(6)(b) and no charge sheet being issued when the petitioner
superannuated, the petitioner would be entitled to relief.
11. The writ petition is allowed. Impugned order passed by the
Tribunal is set aside and OA No.1069/2008 filed by the petitioner is
allowed with the directions that the terminal benefits payable to the
petitioner be released within 8 weeks from today.
12. No costs.
MOOL CHAND GARG, J.
JULY 15, 2010/dc PRADEEP NANDRAJOG, J.
