Delhi High Court - Orders
S K Pattanayak vs Ministry Of Railways & Ors on 27 July, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 541/2019 & CM APPL. 37728/2019, CM APPL. 8208/2020 &
CM APPL. 346/2022
S K PATTANAYAK ..... Appellant
Through: Mr Sudarshan Rajan and Mr Rohit
Bhardwaj, Advocates.
versus
MINISTRY OF RAILWAYS & ORS ..... Respondents
Through: Ms Bharathi Raju, Senior Panel
Counsel for UOI/R-1 and R-2.
Ms Reeta Chaudhary, Advocate for
R-4.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 27.07.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The appellant's services were terminated, yet a departmental inquiry has been initiated by the respondent no.4. It has withheld his retiral benefits, which includes Performance Related Pay (PRP). The petitioner was terminated in the year 2018. There is no progress in the so called departmental proceedings.
2. According to learned counsel for the appellant no such emoluments can be held back because the provision of law which the respondents Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:29.07.2022 15:45:21 rely upon i.e., Rule 30.1 of the IRFC (Conduct, Discipline & Appeal) Rules do not provide for withholding of the PRP. It is limited only to gratuity and leave encashment in cases of superannuation/ retirement. The said Rule is reproduced hereunder:-
"Rule 30.1 CONTINUATION OF DISCIPLINARY PROCEEDINGS AFTER SUPERANNUATION/ RETIREMENT"
Any disciplinary proceedings instituted against an employee, while he was in service, whether before his retirement or during his re-employment, shall after final retirement of the employee, be continued and concluded in service until the proceedings are concluded and final order passed in respect thereof. Such employee will not be entitled to receive any pay and/or allowance after the date of superannuation/retirement. He will also not be entitled for the payment of any gratuity and leave encashment benefits till the proceedings are completed and final orders passed thereon. In case, the employee, as a result of the disciplinary proceedings instituted against him, is found guilty of offences/misconduct as mentioned in sub-section (6) of Section 4 of the Payment of Gratuity Act, 1972 or to have caused pecuniary loss to the Company by misconduct or negligence, during his service including service rendered on e-employment after retirement, the disciplinary authority may order recovery from gratuity of the whole or part of any pecuniary loss caused to the Company. However, the provisions of Section 7(3) and 7(3A) of the Payment of Gratuity Act, 1972 shall be kept in view in the event of delayed payment, in case the employee is fully exonerated.
For the purpose of this Rule, departmental proceedings shall be deemed to be instituted on the date, on which the statement of charges is issued to the employee, or if Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:29.07.2022 15:45:21 the employee has been placed under suspension from an earlier date, on such date."
3. Ex-facie, what is evident from the above is that the Rule does not extend to withholding of PRP in the first place and in any case, it will not extend to cases of termination.
4. The learned counsel for the respondents seeks time to obtain instructions, yet again.
5. At request, re-notify on 03.08.2022.
NAJMI WAZIRI, J VIKAS MAHAJAN, J JULY 27, 2022/MK Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:29.07.2022 15:45:21