Central Administrative Tribunal - Patna
Ekramul Haque vs Post Jharkhand Circle on 19 April, 2022
:: 1 :: O.A./051/00113/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CIRCUIT BENCH, RANCHI
O.A./051/00113/2022
Date :19th April, 2022
CORAM
HON'BLE MR. M.C. VERMA, MEMBER (Judl.)
HON'BLE MR. SUNIL KUMAR SINHA, MEMBER(Admn.)
Ekramul Haque @ Md. Ekramul Haque, aged about 63 years, son of
Amirul Islam, resident of Naya Tola, Harin Danga Bazar, Bagan Para,
P.O. - Pakur, P.S. - Pakur Town, Dist. - Pakur.
...............Applicant
By Advocate: Shri Birendra Kumar.
Versus
1. Union of India through the Director General of Postal Department,
Dak Bhawan, Sansad Marg, New Delhi - 110001.
2. The Secretary Department of Post, Dak Bhawan, Sansad Marg,
New Delhi - 110001.
3. Director, Account Postal, Office at Rameshwaram Colony, Near
Radhe Krishna Garden Bariatu, P.O. + P.S. - Bariatu, District -
Ranchi.
4. The Chief Post Master General, Jharkhand Circle, Ranchi, P.O. +
P.S. - Ranchi, Dist. - Ranchi, Jharkhand.
5. The Senior Superintendent of Post Offices, Santhal Pargana
Division, Dumka, P.O. & P.S.- Dumka, Dist. - Dumka.
6. Accounts Officer (Pension) Office of the Director of Accounts
Postal, Office at Rameshwaram Colony, Near Radhe Krishna
Garden Bariatu, P.O. + P.S. - Bariatu, District - Ranchi.
7. Assistant Accounts Officer (Pension), Office of the Director of
Accounts Postal, Office at Rameshwaram Colony, Near Radhe
Krishna Garden, Bariatu, P.O. + P.S. - Bariatu, District - Ranchi.
...............Respondents
By Advocate : Shri Rajendra Krishna.
O R D E R (ORAL)
M.C. Verma, Member (Judl.)
1. Today is the third date when this O.A. is on Board for notice stage hearing. On first and second date none appeared for applicant and today also none appeared for applicant when it was called on its turn and thus it was kept as passed over case. It is 3.30 PM. Now when Shri Birendra Kumar Advocate appeared for applicant and pressed the O.A. Heard.
2. The prayer made in the O.A. is for direction to the respondents for payment of gratuity, for final pension, commutation :: 2 :: O.A./051/00113/2022 of pension and for interest on delay payment of pension and gratuity. From pleading and submission advanced during argument, it transpires that for illegal exchange of W.O.S. currency notes a raid was conducted by the District Police through S.P., Dumka. That in said raid it was found that applicant was involved in illegal exchange of W.O.S. notes worth Rs.45,20,143/- Criminal case was registered and trial against the applicant is pending and Department proceedings is also pending.
3. It is enquired from learned counsel for applicant that when criminal case is pending and departmental proceeding is also being conducted, how regular pension, commutation of pension and payment of gratuity can be directed and he submits that applicant is being paid provisional pension only and that Gratuity and pension is not the bounty and the respondents cannot withhold gratuity.
4. Learned counsel Shri Rajendra Krishan vehemently opposed the maintainability of the O.A. He submits that it is admitted fact that departmental proceeding and criminal case is pending against the applicant. Applicant has been getting provisional pension and legally no direction for release of gratuity and for regular pension can be given at this stage.
5. Considered the submission. The relief prayed for cannot be granted during pendency of criminal trial and departmental proceeding, the O.A. being devoid of merit deserves dismissal and hence dismissed.
(Sunil Kr. Sinha) (M.C. Verma) Member (A) Member (J) sks/-