The first respondent hereinafter referred to as the applicant , who filed the application before the Tribunal was granted provisional pension by proceeding dated 04.08.2008.
It reads as follows Sub Retirement on superannuation of 31.7.2008 A N Cases of officers of STS of Executive Grade Ad hoc Regarding.
He approached the Tribunal and the Tribunal directed payment of interest.
Name of Officer Staff No.
All that the High Court in its order has done directing the authority below, which is produced at page number219 at Para 14, which read as under The report made to the Court below by the investigating officer was, therefore, made under Section 173 of the Code and the Court was required to pass an order under Section 173 4 of the Code, which the Special Court has failed to do.
35/1/2007 Pers 1 date 3.7.2008 and on approval of the companypetent authority, the following officers of STS of Executive Grade adhoc permanently abscribed in BSNL are permitted to retire from BSNL services on attaining the age of superannuation w.e.f.
It will relate back to the date of filing of A Summary, which is prior to the date when the respondent retired.
Rule is made absolute to the aforesaid extent.
On 30.03.2012 the criminal revision application, filed by the State, was allowed according sanction to the investigating officer to file A summary report before the trial Court.
31.7.2007 A N .
N.N. Chaniyara, DE 13808/7025957 GMTD Rajkot Sh.
5 DE, O o PGMTD Surat has number received from Vigilance Cell of BSNL and therefore the officer shall be given only provisional pension and the DCRG and CVP shall be withheld till the companyclusion of the vigilance/ disciplinary case as per CCS Pension rules 1972.
If any such case companyes to numberice, only provisional pension shall be granted to the officer s and his DCRG and CVP shall be withheld till the Vigilance clearance is accorded.
Though, the Anti Corruption Bureau hereinafter referred to as the ACB had registered a case against the applicant, the investigating officer, however, had found numberevidence against him.
In accordance with BSNL New Delhi order No.
Muddamal currency numbere be companyfiscated to the State.
The High Court in the writ petition, filed by the appellants, has reasoned that on 01.08.2008 the applicant was to retire on superannuation on 31.07.2008 , there were numbercriminal proceedings against him.
More particularly, in the year 2007, when the Criminal Revision Application was filed before this High Court.
The High Court, inter alia, held as follows We are unable to accept the said submission as narrated hereinabove.
J.R. Sathwara, DE 10913/7005735 PGMTD Ahmedabad Sh.
working unit Sh.
The State of Gujarat thereupon challenged the order.
Investigating officer had submitted A summary before the Principal District Sessions, Judge, Banaskantha, Palanpur, who refused to accept the summary.
B.P. Mishra, DE 12277/7021009 PGMTD Vadodara Sh.
There were numbercriminal proceedings on 01.08.2008.
P.P. Panchal, DE 11560/7016759 PGMTD Vadodara Sh.
M.A. Patel, DE 11719/7021051 PGMTD Surat The BSNL C.O. ND has intimated that the vigilance clearance in respect of Shri M.A. Paatel, SL.
It may please be ensured that there is numberVig/ Disc case pending or companytemplated against any of the above officer mentioned above as on the date of retirement.
Copy of the charge relinquishing report may be sent to this office in respect of all companycerned.
ERP Present No.
The applicant applied for interest on pensionary benefits i.e. DCRG and CVP, which, was rejected, on the basis that the criminal revision petition, filed by the State, against the order of the trial Court refusing to accept the A summary was disposed of and that after the order of the High Court and Vigilance clearance the amounts were paid.
The Signature Not Verified Tribunal by the impugned order quashed order dated Digitally signed by SANJAY KUMAR Date 2019.03.08 131718 IST Reason 12.03.2013 and directed the appellants to pay interest at the rate applicable to the Provident Fund deposits for the delay occurred in payment of DCRG and Commuted Value of Pension hereinafter referred to as the CVP from 01.08.2008 till the date of payment.
M. JOSEPH, J. This appeal by special leave is directed against the judgment of the High Court in Special Civil Application filed under Articles 226 and 227 of the Constitution of India by the appellants wherein appellants challenged the order dated 29.10.2013 passed by the Central Administrative Tribunal hereinafter referred to as the Tribunal .
