New Delhi, Jan 13: The Central Administrative
Tribunal (CAT) has directed the Delhi government to release
retiral benefits to a civil servant, who is an accuse in a
housing societies scam in the city.
A bench of the tribunal headed by member Justice Meera
Chhibber held that chargesheet in the case against the
petitioner was filed after he retired from the service hence
there was no justification to withhold his retiral benefits
including gratuity and leave encashment.
The Bench, referring to rules of the department, also
held that the offence of corruption alleged against the
petitioner did not involve any finances so nothing was to be
recovered from his retiral benefits and leave encashment.
The Bench pointed out from the applicable service rules
that mere registration of a case was not sufficient to
withhold the retiral benefits, gratuity and leave encashment
of the personnel.
Petitioner Daya Nand Sharma, an assistant registrar in
the office of the registrar of co-operative societies had
moved the cat seeking direction to release his gratuity and
leave encashment.
He had submitted that since chargesheet has been filed
against only six persons till date since the institution of
the case in 2005, out of total 12 persons, the case was bound
to take a long time.
Sharma is accused of irregularities involved in a scam
relating to revival of defunct co-operative group housing
societies in Delhi allegedly to get land allotted from DDA at
concessional rates.
He had contended before the Tribunal that in identical
situation, retirement benefits had been released to other
persons of the department and therefore, he could not be
discriminated against.
Moreover, there was no provision under the CCS (pension)
rules to withhold the retiral benefits including leave
encashment of a government servant, he had claimed.
Bureau Report
