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2012 DIGILAW 169 (ORI)

Bansidhar Sahli v. State of Orissa

2012-03-28

A.PATTANAYAK

body2012
ORDER AMARANANDA PATTANAYAK, ADMINISTRATIVE MEMBER Facts of this O.A., bereft of unnecessary details, are that the applicant while posted as S.I. of schools, Jharsuguda, was in charge of the Sale Centre of the National Text Book, and on being sent for election duty, handed over charge of the 'Sale Centre' to one Parameswar Patnaik. Thereafter he was transferred from Jharsuguda. After his transfer, it was alleged that he held sold books worth Rs. 1,90,644/- and after deducting the discount, he was supposed to deposit Rs. 1,79,205.35 in the Treasury, but deposited an amount of Rs. 1,37,231/- thereby misappropriating an amount of Rs. 41,934.35/-. He was also charged with misappropriation 5057 National Text Books worth Rs. 27,563/-. He was, thus proceeded against departmentally as well as a criminal case was filed against him. The applicant approached this Tribunal in O.A. 640 (c)/1994 and during pendency of the O.A., he retired on 30.11.2003, as a result of which the O.A. was disposed of by this Tribunal on 20.6.2006 as infructuous (Annexure 1). The applicant was issued with provisional pension payment' order, but his gratuity and 'No Due Certificate' were withheld. He thereafter approached the Pension Adalat for his gratuity. It is further stated that the Vigilance case against the applicant vide T.R. case No. 14 of 1998 of Special Judge, Vigilance, Sambalpur, ended in acquittal on 31.5.2010 (Annexure-6). The applicant thereafter filed a representation at Annexure - 7 dtd. 6.7.2010 for release of his gratuity which has not been released till date. In this O.A., the applicant has prayed for 7% interest per annum on his gratuity from 1.12.2004. Counter dtd. 12.7.2011 has been filed by the Inspector of Schools, Sambalpur, respondent No.3 submitting that the Vigilance case vide T.R. Case No. 13/98 in the Court of Special Judge (Vigilance), Sambalpur was pending against the applicant at the time of his retirement and the same was finally disposed of on 31.5.2010. Thereafter recommendations have been sent vide letter No. 3114 dtd. 28.5.2011 for release of his gratuity. 3. It is now to be decided if the applicant is eligible for interest on the delayed payment of gratuity in accordance with Rule 49(5) of the OCS (Pension) Rules, 1992. 4. Heard both parties. Thereafter recommendations have been sent vide letter No. 3114 dtd. 28.5.2011 for release of his gratuity. 3. It is now to be decided if the applicant is eligible for interest on the delayed payment of gratuity in accordance with Rule 49(5) of the OCS (Pension) Rules, 1992. 4. Heard both parties. Learned counsel for the applicant submits the applicant should be allowed gratuity from 1.12.2004 with 7% interest per annum in accordance with the Rule 49(5) of the OCS (Pension) Rules, 1992, as in view of his acquittal in the aforesaid Vigilance case, the applicant is to be treated as innocent and the Vigilance case against him as 'non est'. Heard learned standing counsel, SME. He points out that as per Rule 66 of the OCS (Pension) Rules, 1992, the gratuity could not possibly have been released in favour of the applicant prior to his acquittal in the Vigilance case on 31.5.2010. After hearing both parties, it is clear that a criminal case, i.e. T.R. case No. 13/98 of Special Judge, (Vigilance), Sambalpur, was pending against the applicant till he was finally acquitted on 31.5.2010. Moreover, despite direction no information if any about other departmental proceeding pending against the applicant was submitted by the Govt. respondents. In view of Rule 66 of the OCS (Pension) Rules, 1992, the applicant can at best be eligible for interest on DCRG with effect from the date of acquittal. i.e 31.5.2010. Hence it is hereby directed that the respondents shall settle the arrear DCRG of the applicant within a period of two months from the date of receipt of these orders allowing him 7% interest per annum on delayed payment of gratuity calculated from 31.5.2010 as per Rule 49(5) of the OCS (Pension) Rules, 1992. With these orders, the O.A. is disposed of. O.A. disposed of.