Central Administrative Tribunal - Mumbai
Sharad Dinkar Sathe vs M/O Environment And Forests on 23 March, 2026
1 OA No.2020/2020
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, CAMP AT NAGPUR
ORIGINAL APPLICATION No. 2020/2020
Dated this Thursday the 26th March, 2026
CORAM: HON'BLE MR. SHRI KRISHNA, MEMBER (A)
Sharad Dinkar Sathe
Indian Forests Service,
Aged about 76 years,
Occupation: Retired person,
Resident of Mata Mandir Road,
Near Mata Mandir, Dharampeth,
Nagpur - 440 010. -Applicant
(By Advocate - Ms. S.P. Deshpande)
Versus
1. The State of Maharashtra
Through the Principal Secretary,
Revenue & Forests Department,
Madam Cama Road,
Hutatma Rajguru Chowk,
Mantralaya,
Mumbai - 400 032.
2. Secretary,
Ministry of Environment and Forests,
Paryavaran Bhavan, C.G.O. Complex,
New Delhi - 110 011. - Respondents
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi,
postalCode=110082, pseudonym=
(By Advocate - Ms. Mugdha Chandurkar & Shri P.H.
e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber=
Rashmi
5482fa3c129a1d4f404f610355a98ceb9582ace2c33499
b071497409a4527c20, telephoneNumber=
bdfff08227607de07cc8a71f87733e1252492d43dbcae43
31895b03a11e5f3ff, title=0779
Reason: I am the author of this document
Khobragade)
Location:
Date: 2026.04.10 17:55:15+05'30'
Foxit PDF Reader Version: 2025.3.0
2 OA No.2020/2020
ORDER
The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"8(1) In the light of the above submissions, the Original Application may kindly be allowed. (2) The Hon'ble Tribunal may kindly be pleased to quash and set aside the letter dated 08th March, 2019, at Annexure 'A' issued by the respondent No.1, in the interest of justice. (3) The Hon'ble Tribunal may kindly be further pleased to direct the respondents to make the payment of interest as per letter dated 03.10.2017 for the items and the period shown against each of them on delayed payment at the rate of 18% per annum till realization of the same, in the interest of justice; (4) The Hon'ble Tribunal may kindly be further pleased to direct the respondents to grant all consequential and monetary benefits, in the interest of justice. (5) The Hon'ble Tribunal may kindly be further pleased to grant any other relief, which this Hon'ble Tribunal deems fit, just and proper, under the facts and circumstances of the case. (6) Saddle the costs of the Original Application on the respondents."
2. Brief facts of the case are that the applicant was appointed to the State Forest Service in Maharashtra in the year 1968. Subsequently, he was promoted to Indian Forest Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 Service (IFS) in the year 1987 and posted as b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 Deputy Conservator of Forests (DCF) at Nagpur in due course of time. He took over the charge of 3 OA No.2020/2020 Divisional Forest Officer (DFO) on 17.04.1989 and continued upto 22.03.1991. During the year 1992-1993, the Government of Maharashtra initiated four departmental enquiries for alleged irregularities against the applicant and some other officers. The applicant was put under suspension vide order dated 04.07.1992. He challenged his suspension before this Tribunal. The Tribunal vide order dated 04.04.1995 was pleased to direct the Government of Maharashtra to reinstate the applicant immediately and to complete the pending enquiry within a period of 10 months. As the enquiry could not be completed within a period of 10 months, the state Government reinstated him in service w.e.f. 06.04.1995. In the year 2002, the applicant was exonerated in one enquiry. The applicant retired Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, on superannuation on 31.08.2003 as Deputy postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Conservator of Forests. However, three other Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 enquiries continued at the time of his retirement. On 11.12.2003, the applicant was 4 OA No.2020/2020 reinstated notionally and his suspension continued as per another order dated 15.12.1994. The applicant did not receive the order of extension of suspension till 11.12.2003. The applicant repeatedly requested to revoke his suspension from 04.07.1992 till his retirement and to complete all the pending enquiries before his retirement. But neither his suspension was revoked nor enquiries were completed. He was paid subsistence allowance @2800 p.m. till 10.12.2002. After the retirement, he was paid provisional pension of Rs.3478/- upto December, 2016.
2.1 The State Government of Maharashtra disposed of all the three pending departmental enquiries in the year 2014 without awarding any punishment. However, displeasure was issued to Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, him which is not a penalty under the postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Disciplinary Rules. In the month of January, Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 2015, the State Government issued final order and decided the period of suspension of the 5 OA No.2020/2020 applicant from 04.07.1992 to 12.07.1998 as period not spent on duty and the period from 13.07.1998 till his retirement was treated as period spent on duty. The applicant made various representations to treat the period from 06.04.1995 as duty period, the day on which the applicant was reinstated in the service as per the direction of this Tribunal. The Pay and Accounts Officer issued salary slip in favour of the applicant for the period from 13.07.1998 to 10.12.2002 in the month of April, 2016. 2.2 It is the case of the applicant that he was put under suspension for the period of almost 20 years because of pending departmental enquiries, for no fault on the part of the applicant and, therefore, he is entitled for interest. He has submitted letter dated Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, 03.10.2017 followed by reminder dated 11.01.2019 postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 to grant him interest on the delayed payment.
Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 2.3 The applicant has averred that displeasure is not a penalty as in the penalty 6 OA No.2020/2020 order, only censure is mentioned. He has further submitted that other officers, who were also charge sheeted along with the applicant namely Shri V.R. Singh and Shri S.S. Mishra were reinstated in service before completion of departmental enquiries. They were exonerated and their suspension period was treated as on duty period and they were subsequently promoted also.
Thus, there is discrimination practice against the applicant by the respondents. He has further submitted that departmental enquiries against him were prolonged deliberately and with malafide intention just to keep the applicant out of active service and to harass the applicant in any way.
2.4 The applicant has placed reliance on the judgment of Hon'ble Supreme Court in the case of Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, Vijay L. Mehrotra Vs. State of Uttar Pradesh and postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Others, 2000(II) CLR 416. Further reliance has Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 been placed on the judgment of Hon'ble High Court of Judicature at Bombay, Nagpur Bench in 7 OA No.2020/2020 Writ Petition No.77/2004 in the case of Manik Raghobaji Mokde Vs. Government of Maharashtra.
2.5 Since the respondents have failed to redress his grievance, the applicant has approached this Tribunal.
3. After issuance of notice, the respondents have filed their reply and contested the OA.
3.1 It has been submitted that the Government of Maharashtra initiated four departmental enquiries against the applicant for various irregularities. Out of which, one departmental enquiry was disposed of during the year 2002 and the applicant was exonerated in the said enquiry. Because of these enquiries, the applicant was placed under suspension w.e.f. 04.07.1992.
Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= 3.2 It has been submitted that the e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 departmental enquiry was initiated against the Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 applicant who was working as then Director, Forests Guards Training School, Jalna under Rule 8 OA No.2020/2020 8 of the All India Services (Discipline & Appeal) Rules, 1969 vide Memorandum dated 05.12.1994.
For the charge that he made excessive purchase of stores such as steel and garden materials which was not required for immediate use and could not have been utilized then. He made those purchases without the precaution and care also by contravening the directions given by his superiors and, therefore, his conduct is unbecoming of Member of All India Service and in contravention of Rule 3 of All India Service (Conduct) Rules. He was also charged for some construction works at the Forest Guards Training School executed without following proper procedures. He showed favours to the building contractors engaged in these construction works and that he did not obey the orders of superiors Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, in the matter of appointment of a clerk. postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 3.3 The respondents have submitted that the Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 Inquiry Officer held that the Charges 1 and 2 were proved and, therefore, the State Government 9 OA No.2020/2020 decided to impose the penalty of recovering of Rs.250/- p.m. from his pension for two years. However, due to technical reasons, the mandatory procedure of consultation with the Union Public Service Commission in terms of Rule 9(4) of AIS (Discipline & Appeal) Rules, 1969 could not come to logical conclusion before superannuation of the applicant.
3.4 It has been submitted that the State Government has considered the fact that the applicant remained under suspension for more than 10 years and since his superannuation on 31.08.2003, he was in receipt of paltry sum of Rs.3478/- p.m. as provisional pension. The State Government considered the inordinate delay in completion of the disciplinary proceedings.
Therefore, vide order dated 05.02.2014, the Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, State Government disposed of the disciplinary postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 proceedings instituted vide Government Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 Memorandum dated 28.09.1992 by expressing displeasure towards the applicant in respect of 10 OA No.2020/2020 misconduct on part of him while working as the then Director, Forest Guards Training School, Jalna.
3.5 It has been further submitted that another proceeding was initiated against the applicant, the then Deputy Conservator of Forests, Nagpur Division, Nagpur vide Government Memorandum dated 05.07.1992. He was placed under suspension vide order dated 04.07.1992 in contemplation of disciplinary proceedings against him. The Inquiry Officer was appointed who held the charges as proved. However, due to technical reasons, final decision could not be taken in respect of the quantum of punishment before his superannuation. Therefore, the Government, after taken into consideration his suspension for more than 10 years and fact that Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, he was in receipt of a paltry sum of Rs.3478/-
postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 per month as provisional pension, the State Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 Government disposed of the disciplinary proceeding case instituted vide Government 11 OA No.2020/2020 Memorandum dated 06.07.1992 by expressing displeasure towards the applicant. 3.6 It has been submitted that the final decision in the enquiry proceedings could not be taken because of the technical reasons.
Therefore, it does not mean that he was not found guilty as the Inquiry Officer held the charged to be proved.
3.7 It has been submitted that the show cause notice was issued to the applicant under Rule 5B(1) r/w rules 5B(3), 5B(5), 5B(8) and 5B(9) of the All India Services (Discipline and Appeal) Rules, 1969 vide Government Notice No.AFO-1290/CR-240/Part-II/F-7 dated 14.03.2014 for the following
1. Why his pay and allowances during his suspension period from 04.07.1992 to 27.11.2002 should not be paid equal to his subsistence allowance and other allowances Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, admissible under Rule 4?
postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779
2. Why the said period from 04.07.1992 to Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 27.11.2002 should not be treated as period not spent on duty?12 OA No.2020/2020
3.8 It has been submitted that after obtaining representation from the applicant in respect of above show cause notice, Government finally decided the suspension period from 04.07.1992 to 12.07.1998 as period not spent on duty and suspension period from 13.07.1998 to 27.11.2002 as period spent on duty vide order dated 16.01.2015. As there were three departmental proceedings pending against the applicant on the date of his superannuation i.e. 31.08.2003 and in the year 2014 when the Government issued order of exoneration, the pension papers of the applicant were submitted to State Government by the office of the Principal Chief Conservator of Forests, Maharashtra State vide its letter dated 01.07.2016. Immediately the revised pension Digitally signed by Rashmi papers of the applicant were submitted to the DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 Accountant General, Nagpur vide Government letter dated 26.07.2016 and his pension was 13 OA No.2020/2020 approved by Accountant General, Nagpur vide letter dated 16.11.2016.
3.9 It has been submitted that the applicant retired on superannuation on 31.08.2003 and, therefore, he was entitled to receive all his retirement benefits including gratuity amount.
As per departmental proceedings were in progress at the time of superannuation, he was not paid gratuity amount. When the applicant was exonerated from the departmental enquiries, his pension case was finalized immediately by the Accountant General, Maharashtra Mumbai in the year 2016. His Pension case was also forwarded to Accountant General, Maharashtra for revision as per 7th Pay Commission by the State Government.
In view of the above facts, the OA deserves to be dismissed.
Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi,
4. The applicant has filed rejoinder to the postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 reply submitted by the respondents. It has been Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 submitted that expression of displeasure is not prescribed punishment as per AIS (DA) Rules, 14 OA No.2020/2020 1969. Therefore, it is not a punishment and hence the applicant is entitled for interest. 4.1 It has been submitted that the respondents have failed to explain in ordinate delay for more than 20 years which resulted in suspension for more than 10 years of the applicant. It has been submitted that as per directives of the Government dated 13.07.1998, the inquiry was required to be completed within one year and there are specific directions to first suspension of 60 days and further extension of 30 days with prior permission of Cabinet and advance notice about extension. 4.2 The applicant was under suspension from 04.07.1992 to 27.11.2022 which clearly established the malafide intention of the applicant. It has been submitted that as per Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, State Government order dated 16.10.2015 treating postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 the period from 04.07.1992 to 12.07.1998 as a Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 period of suspension (period not spent on duty) loses its validity as exoneration and suspension 15 OA No.2020/2020 cannot go hand in hand and these need to be set aside with directives to respondents to treat period from 04.07.1992 to 12.07.1998 as period spent on duty for all consequential benefits. 4.3 It has been submitted that there was not a single day of delay on the part of applicant in completing the departmental enquiry and the applicant is not at all responsible for delay in processing the disciplinary proceedings. The delay caused at the level of the respondents was beyond the control of the applicant who retired on 31.08.2003. The Government resolution dated 23.06.1986 issued by Finance Department clearly states that the interest is allowed where the delay caused is beyond the control of the employee. Therefore, the applicant is entitled for interest.
Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, 4.4 The applicant has submitted that he is postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 entitled for interest on delayed payment of Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 monetary benefits which are as under:
(i) Duty period as per R and FD order dated 16 OA No.2020/2020 16.01.2015 from 13.07.1998 to 31.01.2003.
Amount Rs.1557781. Payment received on 13.06.2016.
(ii) Payment delayed over the period of 17 years, 11 months or total 215 months compound interest, claimed as per GPR interest rates prevailing then, details of difference of arrears are as per statement 1 and the applicable time and interest rate as mentioned in letter dated 03.10.2017, remainder letter dated 03.10.2017 and remainder dated 11.01.2018.
(iii) Payment of leave encashment on retirement on 31.08.2003. Amount of Rs.226580, received on 25.11.2016 through CCF(T) Nagpur.
(iv) Payment delayed over the period of 12 years, 10 months and 24 days or 151 months 24 Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, days. Compound interest, claimed as per GPF postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 interest rates prevailing then, details of Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 difference of arrears and the applicable time and interest rate is enclosed herewith. 17 OA No.2020/2020
(v) Arrears of pension received through treasury officer Nagpur. From 01.09.2003 to 01.04.2017. Amount of Rs.1747484. Payment received on 05.06.2017.
(vi) Payment delayed over the period of 13 years, 8 months and days or 165 months. Compound interest, claimed as per GPF interest rates prevailing then, details of difference of arrears are as per statement 2 and the applicable time and interest rate is enclosed herewith.
(vii) Payment of gratuity as per PPO dt. 16.11.2016 from A G (A and E) Mumbai.
(viii) Period of delay calculated from 01.03.2004 excluding first six months after retirement. Amount received Rs.334206/-. Payment received on 28.07.2017. Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi,
(ix) Payment delayed over the period of 13 postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 years 04 months and 27 days or total 159 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 months and 27 days.
(x) Compound interest, claimed as per GPF 18 OA No.2020/2020 interest rates prevailing then, details of difference of arrears and the applicable time and interest rate is enclosed herewith.
5. During the arguments, learned counsel for the applicant submitted that the enquiry was initiated against the applicant vide charge memorandum dated 05.07.1992, however, it could not be completed for a period of more than 20 years and finally, they were closed in 2015 by expressing displeasure.
6. He submitted that displeasure is not a listed penalty under the All India (Discipline & Appeal) Rules, 1969.
7. He submitted that the applicant was kept under suspension for no fault of him and therefore, inordinate delay in completion of enquiry proceedings which has been admitted Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, by the State Government itself has caused postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 undue harassment to the applicant and Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 financial loss to the applicant, therefore, the applicant is entitled for interest on the 19 OA No.2020/2020 period for which the money was due to him was not paid.
8. He submitted that the applicant retired on superannuation on 31.08.2003. The Inquiry proceedings were disposed on 05.02.2014. However, even after the closure of Inquiry proceedings on 05.02.2014, the pension case was finalized on 16.11.2016 i.e. after more than 2 years and 9 months even after the closure of the Inquiry proceedings. Therefore, he is entitled for the interest.
9. He submitted that Government revolution dated 26.06.1986 issued by the Finance Department, clearly states that the interest is allowed where the delay caused is beyond the control of the employee.
10. The learned counsel for the respondents Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, Ms. Mugdha Chandurkar, on the other hand postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 vehemently defended the stand of the Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 Government on the ground that the applicant was exonerated on technical ground as UPSC 20 OA No.2020/2020 was not consulted.
10.1 She submitted that the State Government considered the inordinate delay in completion of the Disciplinary proceedings, and therefore, vide order dated 05.02.2014 disposed of the disciplinary proceedings by expressing displeasure. Therefore, the applicant cannot be said to have been given clean chit and that he was not responsible for the allegations made against him in the charge memorandum.
10.2 She submitted that though the applicant retired on superannuation on 31.08.2003, the pension could not be granted to him due to pendency of the disciplinary proceedings, which were closed only on 05.02.2014.
Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, 10.3 She further submitted that the State postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Government decided the suspension period from Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 04.07.1992 to 12.07.1998 as period not spent on duty and suspension period from 13.07.1998 21 OA No.2020/2020 to 27.11.2002 as period spent on duty vide order dated 16.01.2015.
10.4 She further argued that as the as the disciplinary proceedings were pending against the applicant at the time of his superannuation on 31.08.2003 and the case was closed on 05.02.2014, the pension papers of the applicant were submitted to the State Government by the Principal Chief Conservator of Forests, Maharashtra on 01.07.2016 and the pension was approved on 16.11.2016. Therefore, it cannot be said that there was inordinate delay in the grant of pension to him and therefore, he is not entitled for the payment of interest.
11. I have considered the rival submissions and perused the pleadings and Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, documents filed on record.
postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779
12. The undisputed facts are that the Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 enquiry against the applicant was instituted in the year 1992. He retired on 22 OA No.2020/2020 superannuation on 31.08.2003. The enquiry kept lingering on till 2014 i.e. for more than 20 years after the issuance of chargesheet. There is not a single averment by the respondents that that applicant was in any way responsible for the delay in completion of the proceedings.
13. It is also seen that the Government directive dated 13.07.1998 provides that enquiry should be completed within 1 year and suspension can be ordered for 60 days and further extension of 30 days with prior permission of the cabinet and advance notice about extension, however, the same was not followed in the applicant's case.
14. The contention of the respondents that the disciplinary proceedings were Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, disposed of with the expression of postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 displeasure, is of no help as the displeasure Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 is not a penalty under All India Services (D&A) Rules, 1969.23 OA No.2020/2020
15. Be as it may the fact remains that an employee can be held to be guilty of a misconduct only when the Disciplinary proceedings culminate into award of any of the penalty listed under the rules. However, in the case at hand, no penalty which is listed under the rules was imposed upon the applicant and therefore, it cannot be said that the delay caused in payment of retiral and other benefits due to him are not entitled for payment of interest.
16. I also find that Hon'ble Apex Court in the case of State of Kerala Vs. M Padmanabhan AIR (1985) SCC 429 has held that Pension and gratuity are no longer any bounty to be distributed by the Government to its employees on Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= their retirement but have become, Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' under the decisions of the Court, Foxit PDF Reader Version: 2025.3.0 valuable rights and property in their 24 OA No.2020/2020 hands and any inordinate delay in settlement and disbursement thereof must be visited with the penalty of payment of interest at the current market rate till the actual payment.
The State Government itself has
admitted while disposing the
disciplinary proceedings that there
has been inordinate delay.
17. Similar views were expressed in
the case of Deokinandan Prasad vs. the
State of Bihar & Ors (1971) 2 SCC 330.
18. The Hon'ble Delhi High Court in the case of GNCT of Delhi vs. Nand Lal Singh in WPC No. 5505 /2012 has held that denying interest on delayed payment of retiral dues of the Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= applicant for the reason of absence of e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 any rule is not tenable. The payment of interest for delayed payment of retiral 25 OA No.2020/2020 dues itself is in the nature of indemnification of the loss suffered by the applicant on account of wrongful deprivation of financial enjoyment of the dues to which he is otherwise entitled to in law. Admittedly, such interest is payable when delay is not attributable to the applicant in any manner.
19. In the case at hand, it is ad-
mitted fact that the applicant was not in any manner responsible for delay in completion of the inquiry proceedings.
20. The Hon'ble Delhi High Court in the case of Government of NCT of Delhi vs. S.K. Srivastava in WPC No.1186 /2012 decided on 19.02.2012 and in Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= the case of Delhi Police vs. Bal- Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
want Singh has held that interest on Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 delayed payment of retiral dues will be 26 OA No.2020/2020 payable.
21. In view of the above facts and circumstance of the case and law as law laid down by the Hon'ble Apex Court and the Hon'ble High Court, I find force in the submission of the applicant that there has been inordinate delay in dis- posal of disciplinary proceedings for which the applicant was not responsible. Therefore, I hold that the applicant is entitled for payment of simple interest on delayed payment of monetary benefits at the rate of interest applicable on GPF as per the details given as under:
"(i) Duty period as per R and FD order dated 16.01.2015 from 13.07.1998 to 31.01.2003. Amount Rs.1557781. Payment received on 13.06.2016.
(ii) Payment delayed over the period of 17 years, 11 months or total 215 months compound interest, claimed as per GPR Digitally signed by Rashmi interest rates prevailing then, details of difference of arrears are as per DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= statement 1 and the applicable time and bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' interest rate as mentioned in letter Foxit PDF Reader Version: 2025.3.0 dated 03.10.2017, remainder letter dated 03.10.2017 and remainder dated 11.01.2018.
(iii) Payment of leave encashment on 27 OA No.2020/2020 retirement on 31.08.2003. Amount of Rs.226580, received on 25.11.2016 through CCF(T) Nagpur.
(iv) Payment delayed over the period of 12 years, 10 months and 24 days or 151 months 24 days. Compound interest, claimed as per GPF interest rates prevailing then, details of difference of arrears and the applicable time and interest rate is enclosed herewith.
(v) Arrears of pension received through treasury officer Nagpur. From 01.09.2003 to 01.04.2017. Amount of Rs.1747484. Payment received on 05.06.2017.
(vi) Payment delayed over the period of 13 years, 8 months and days or 165 months. Compound interest, claimed as per GPF interest rates prevailing then, details of difference of arrears are as per statement 2 and the applicable time and interest rate is enclosed herewith.
(vii) Payment of gratuity as per PPO dt. 16.11.2016 from A G (A and E) Mumbai.
(viii) Period of delay calculated from 01.03.2004 excluding first six months after retirement. Amount received Rs.334206/-. Payment received on 28.07.2017.
(ix) Payment delayed over the period of 13 years 04 months and 27 days or total 159 months and 27 days."
22. The OA is allowed in terms of above order and directions. The re- spondents are directed to comply with Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi the above order within a period of 3 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0 months from the date of receipt of cer- tified copy of this order.28 OA No.2020/2020
23. Pending MAs, if any, shall stands disposed of. No orders as to costs.
(Shri Krishna) Member (A) ma/r.
Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym= e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499 b071497409a4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae43 31895b03a11e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 17:55:15+05'30' Foxit PDF Reader Version: 2025.3.0