Central Administrative Tribunal - Patna
Anjani Kumar Mishra vs East Central Railway on 2 July, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00590/2022
050/00
Reserved on : 05.04.2024
Pronounced on : 02.07.2024
CORAM
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER [J]
Anjani Kumar Mishra, aged about 61 years, Male, son of Late Prem
Narayan Mishra, resident of Kasturba Path, Boring Road, P.S. S.K.
Puri, District Patna.
.......... Applicant.
-Versus
Versus-
1. India, through its General Manager, Eastern Central
The Union of India
Railway Hazipur, Pin Code 84401.
2. The Divisional Railway Manager, Danapur Division, Eastern
Central Railway, Danapur, Pin Code 801105.
3. The Senior Divisional Personnel Officer, Danapur, Eastern Central
Railway Danapur, Pin Code 801105.
4. Commercial Manager, Eastern Central
The Senior Divisional Commerci
Railway, Danapur, Pin Code 801105.
5. The Chief Traffic Inspector, Outstanding Danapur, Eastern Central
Railway, Danapur, Pin Code 801105.
6. The Commercial Supervisor Goods, Goods Danapur, Eastern Central
Railway, Danapur, Pin Code 801105.
......... Respondents.
For Applicant : Shri Rajendra Prasad,
Prasad Advocate.
For Respondents : Shri Hare Ram Singh,
Singh Addl. C.G.S.C.
ORDER
AS PER : AJAY PRATAP SINGH, MEMBER [JUDICIAL] [JUDIC
1. Present resent Original Application has been filed under section 19 of Administrative Tribunal, Act 1985 seeking direction to respondents authorities to release the DCRG/ Gratuity amount of applicant immediately with penal interest and imposed upon concerned authorities.
FACTS IN BRIEF
2. Shorn of unnecessary, y, details, briefly stated facts adumbrated by applicant that he stood superannuated on 28.02.2022 from post of Chief Goods Supervisor, Danapur Division and in the month of July 2021, respondents imposed penal Demurrage Charges ((in short hereinafter DC)) // 2 // OA/050/00590/2022 ₹9,27,991/ ,27,991/-.. The concerned party against whom DC imposed filed representation for waiver before Senior D.C.M., DNR, ECR, Hajipur and ACM, ECR, DNP sent a letter dated 19.03.2021 to Ganga Carriers Pvt. Limited. The ACM, ECR, DNP without forwarding remarks fro fromm concerned Goods Shed Supervisor, waiver appeal not also supported by documents.
3. It is also the case of applicant that M/s Ganga Carriers Pvt. Ltd. filed CWJC N No.13638 o.13638 of 2021 before Hon'ble High High Court, Patna against inst railways, penal demurrage charges. H Hon'ble on'ble High Court on 15.08.2021 granted interim order not to take coercive steps against M/s Ganga Carriers Pvt. Ltd. The applicant case is that outstanding position of DNR goods on 28.01.2022 handing over charges by him, admitted debit 9,199 and DC + GST ₹9,27,991/- outstanding against M/s Ganga Carriers Pvt. Ltd. and under court case.
4. Applicant in present OA made averments that concerned party M/s Ganga Carriers Pvt. Limited against whom DC ₹9,27,991/- made has taken interim stay from Hon'ble High Court and due to this fact, gratuity amount ₹9,27,991/- of applicant withheld against outstanding outstanding from settlement dues.
5. Per contra, respondents have contested claim of applicant by filing written statement that applicant was working as Good Shed Supervisor (GSS/DNR) and due for superannuation on 28.02.2022 and at time of initial settlement on 22.02.2022 submitted report dated 22.02.2022 (Annexure - R/1) regarding outstanding position of Danapur Goods, wherein mentioned:
mentioned:-
(i) As demurrage charge, ₹10,42,779/-
(ii) As wharfage charges, (against ₹53,882/--
different parties running outstanding for tenure of Applicant)
(iii) Debit raised by T.I.A., against ₹9,199/--
applicant
(iv) Two error sheets issued by Traffic ₹4,883/--
Accounts/ECR/HJP (unaccounted
during tenure of Applicant)
(v) Provision to withheld for expected ₹30,000/--
commercial debit till receipt of AC-
AC 59 from Traffic Accounts/ECR/HJP Total amount withheld at time of ₹11,31,544/-- initial settlement of applicant retired on 28.02.2022 // 3 // OA/050/00590/2022
6. The respondents have further averred in the written statement that fresh report of GSS/DNR dated 13.04.2022 (Annexure - R/2 & 3) was obtained as:
as:-
(i) Competent authority decided to release ₹1,37,004/--
(ii) Withheld amount due to non-clearance non ₹9,94,540/--
of DC ₹9,27,991/- and error in calculation of DC ₹6,590 and error in calculation of WC of ₹25,777, OD ₹2,363, error in calculation of GST for DC/WC of ₹1,819/- for expected commercial debit as per Form AC-59 AC 3(i) The amount of DC ₹8,83,800/--
(ii) GST ₹44,191/--
Total ₹9,27,991/--
The amount of DC and GST total ₹9,27,991/- accrued on different rakes of M/s Ganga Carrier Private Limited but delivery was granted by applicant to the party without collection of due DC violating provision of Para-1820 1820 of IRCM-Vol.-II, IRCM II, and violative of section-83 83 of Railway Act, 1989.
7. The respondents have also stated that party Ms Ganga Carrier has approached Hon'ble High Court Patna in CWJC No.13638 of 2021 and directed not to take any coercive action till next date of hearing and case is still pending in the Court neither party is making any payment nor any action by railway can be taken for realization of dues as DC. Realization of railway revenue in the form of DC of ₹9,27,991/-
₹9,27,9 is at stake, subject to decision of Hon'ble High Court, Patna in the matter. Applicant working as GSS, Primary responsibility is to clear all dues before ensuring delivery of consignment to the party as per Para 1820 of IRCM IRCM-II II and action under Section 83 of Railways Act, 1989.
8. M/s Ganga Carrier Pvt. Ltd. has applied for waiver to divisional office without supporting documents and approached Hon'b Hon'ble le High Court in CWJC No.13638/ No.13638/2021 21 and due to interim order neither party is making payment of due DC nor railway can take any action as per extant rule for realization of due DC. The withholding of amount of DC ₹9,27,991/ ₹9,27,991/- is as per initial settlement and outstanding outsta processed as per factual position by GSS/DNR and payment of clearance of final amount is subject to final orde orderr of Hon'ble High Court Patna in case of DC of ₹9,27,991/ ₹9,27,991/-.. Thus the action of withholding amount ₹9,27,991/- same from settlement dues of applicant is as per existing rules.
SUBMISSIONS
9. Shri Rajendra Prasad, learned counsel for applicant contended can be summarized that :-
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(i) Applicant worked at DNR Goods Shed from July 2020 to 28
February 2022 and handed over stock charge to staff and for my period outstanding position DC ₹9,27,991/- and admitted debit ₹9,199/- and since concerned party has approached Hon'ble High Court for not to take any coercive measures and interim protection granted. For no fault of applicant DCRG amount held up.
(ii) Applicant cannot realize DC from M/s Ganga Carriers Carriers Pvt.
Ltd. as Hon'ble Court in CWJC No.13638 of 2021, M/s Ganga Carriers Pvt. Ltd. vs Union of India & Ors for waiver of penal DC granted interim order for no coercive action and DCRG due be released.
(iii) Applicant never has been issued any Show Cause Notice before withholding DCRG due and all consignments released on e-mail mail message by Senior DCM to release.
10. Shri Hare Ram Singh, learned Additional C.G.S.C. argued that:-
(i) Applicant was working as Goods Shed Supervisor and before superannuation settlement report dated 13.04.2022 amount of DC and GST total ₹9,27,991 accrued on different racks of M/s Ganga Carriers Private Limited delivery made by applicant to the party without collection of DC ₹9,27,991/-.
(ii) Applicant prima-facie facie violated provision, provision Para 1820 of IRCM-Vol-II II and Section 83 of Railways Act, 1989 DCRG amount withheld as per Rules applicable.
(iii) Case in hand is not of waiver of DC charges of the party and present OA is devoid of merit, deserves to be dismissed and DC amount is withheld from settlement dues as as per extent rules, Rules 1993.
DISCUSSION
11. Heard. This Tribunal has bestowed anxious consideration on the rival contentions of learned counsel appearing for the parties and perused the material placed on record.
12. Admitted fact that applicant was working as GSS/DNR from July 2020 till January 2022 and factual position as on 04.02.2022 is DC ₹9,27,991/ ₹9,27,991/-.. For waiver of DC, party M/s Ganga Carrier has approached // 5 // OA/050/00590/2022 Hon'ble High Court in CWJC No.13638 of 2021 and vide order dated 19.08.2021, their Lordships directed respondents not to take coercive steps against the party concerned.
THE ISSUE
13. From above submissions of learned counsel appearing for parties and material placed on record. The short issue for consideration is is-
"Whether withholding of DCRG amount of ₹9,27,991/- is justified under Railwayy Services (Pension) Rules, 1993 or not?"
DISCUSSION
14. Before dealing with rival contentions advanced at the Bar, it is apposite to quote relevant portion of Rules 1993 to answer the issue of deprivation of amount of DCRG.
RELEVANT RULES (A) In exercise of power conferred by proviso to Article 309 of Constitution of India, His Excellency President framed Railway Services (Pension) Rules 1993 (in in short Rules ). Relevant rules for ready reference reproduced as 1993).
under:-
(i) Rule 3 : Definitions:
14 : Gratuity Includes (1) Service ervice gratuity payable under sub-rule sub (1) of rule 69;
(2) retirement gratuity or death gratuity payable under sub-rule sub (1) of rule70 and (3) residuary gratuity payable under sub-rule sub (2) of rule 70;
(19) "pension" includes gratuity except when the term pension is used in contra distinction to gratuity but does not include dearness relief.
(23) "railway servant" means a person who is a member of a railway service or holds a post under the administrative control ntrol of the Railway Board and includes a person who is holding the post of Chairman, Financial Commissioner or a Member of the Railway Board but does not include casual labour or Person lent from a service or post which is not under the administrative control con of the Railway Board to a service or post which is under such administrative control;
(ii) 15. Recovery and adjustment of Government or railway dues from pensionary benefits- (1) For the dues other than the dues pertaining to occupation of Government or Railway accommodation, the Head of Office shall take steps to assess the dues "one year" before the date on which a railway servant is due to retire on superannuation.
(1A) Thee assessment of Government or Railway dues in sub-rule sub (1) shall be completed by the Head of Office eight months prior to the date of retirement of the railway servant. (Authority: File No. 2015/F(E)III/1(1)/4 dt.17.06.16 .......RB NO.70 (2) The railway or Government vernment dues as ascertained and assessed, which remain outstanding till the date of retirement or death of // 6 // OA/050/00590/2022 the railway servant, shall be adjusted against the amount of the retirement gratuity or death gratuity or terminal gratuity and recovery of the dues against the retiring railway servant shall be regulated in accordance with the provisions of sub-rule sub (4).
(3) For the purposes of this rule, the expression "railway or Government dues" includes-
includes
(a) dues pertaining to railway or Government accommodation accommodatio including arrears of license fee, as well as damages (for the occupation of the Railway or Government accommodation beyond the permissible period after the date of retirement of allottee),. if any; . (Authority: Railway Board letter No. F(E)III/2010/PNl/4 4 dated 28.03.12)
(b) dues other than those pertaining to railway or Government accommodation, namely balance of house-building house or conveyance or any other advance, overpayment of pay and allowances, leave salary or other dues such as Post Office or Life Insurance nsurance premia, losses (including short collection in freight charges shortage in stores) caused to the Government or the railway as a result if negligence or fraud on the part of the railway servant while he was in service.
(4) (i) A claim against the railway r servant may be on account of all or any of the following: -
(a) losses (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service;
(b) other Government dues such as over-payment over on account of pay and allowances or other dues such as house rent, Post Office or Life Insurance Premia, or outstanding advance,
(c) non-Government dues.
(ii)Recovery of losses specified
cified in sub-clause
sub (a) of clause (i) of
this sub-rule
rule shall be made subject to the conditions laid down in rule 8 being satisfied from recurring pensions and also commuted value thereof, which are governed by the Pension Act, 1871 (23 of 1871). A recovery recover on account of item (a) of sub-para para (i) which cannot be made in terms of rule 8, and any recovery on account of sub-clauses clauses items (b) and (c) of clause (i) that cannot be made from these even with the consent of the railway servant, the same shall be recovered reco from retirement, death, terminal or service gratuity which are not subject to the Pensions Act, 1871 (23 of 1871). It is permissible to make recovery of Government dues from the retirement, death, terminal or service gratuity even without obtaining his h consent, or without obtaining the consent of the member of his family in the case of a deceased railway servant.
(iii) Sanction to pensionary benefits shall not be delayed pending recovery of any outstanding Government dues. If at the time of sanction, any dues remain unassessed or unrealised the following courses should be adopted: -
(a) In respect of the dues as mentioned in sub-clause sub (a) of clause
(i) of this sub-rule.
rule. A suitable cash deposit may be taken from the railway servant or only such portion porti of the gratuity as may be considered sufficient, may be held over till the outstanding dues are assessed and adjusted.
(b) In respect if the dues as mentioned in sub-clause sub (b) of clause
(i) of this sub-rule- (1) The retiring railway servant may be asked ask to furnish a surety of a suitable permanent railway servant. If the surety furnished by him is found acceptable, the payment of his pension or gratuity or his last claim for pay, etc. should not be with held and the surety shall sign a bond in Form 2. (2) If the retiring railway servant is unable or nor willing to furnish a surety, then action shall be taken as specified in sub- sub clause (a) of subclause (iii).
// 7 // OA/050/00590/2022 (3) The authority-sanctioning sanctioning pension in each case shall be competent to accept the surety bond in Form 2 on behalf of the President.
(c) In respect of the dues as mentioned in sub-clause sub (c) of clause
(i) The Quasi- Government and non-Government non dues, such as amounts payable by a railway servant to Consumer Cooperative Societies, Consumer Credit Societies S or the dues payable to an autonomous organization by a railway servant while on deputation may be recovered from the retirement gratuity which has become payable to the retiring railway servant provided he gives his consent for doing so in writing to the administration.
(iv) In all cases referred to in sub-clauses sub (a) and (b) of clause (I) of this sub-rule, rule, the amounts which the retiring railway servants are required to deposit or those which are with held from the gratuity payable to them shall notn be disproportionately large and that such amount are not with held or the sureties furnished are not bound over for unduly long periods. To achieve this the following principles should be observed by all the concerned authorities:-
(a) The cash deposit to be taken or the amount of gratuity to be withheld should not exceed the estimated amount of the outstanding dues plus twenty-five twenty per centum thereof.
(b) Dues mentioned in clause (I) of this sub-rule sub should be assessed and adjusted within a period of three t months from the date of retirement of the railway servant concerned.
(c) Steps should be taken to see that there is no loss to Government on account of negligence on the part of the officials concerned while intimating and processing of a demand. The officials concerned shall be liable to disciplinary action in not assessing the Government dues in time and the question whether the recovery of the irrecoverable amount shall be waived or the recovery made from the officials held responsible for not assessing ssing the Government dues in time should be considered on merits.
(d) As soon as proceeding of the nature referred to in rule 8 are instituted, the authority which instituted the proceedings should without delay intimate the fact to the Account Officer.
(B) Railways Act, 1989 Relevant Section-2(ii), Section 2(ii), (41) and 83 reads as-
(i) Section 2 - Definition (ii) "Demurrage"" means the charge levied for the
detention of any rolling stock after the expiry of free time, if any, allowed for such detention. (41) "Wharfage" means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal.
(ii) Section 83 - Lien for freight or any other sum due:-
(1) If the consignor, the consignee or the endorsee fails to pay ay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, i or thereafter comes into, its possession.
(2) The railway administration may, if the consignment detained under sub-section section (1) is -
(a) perishable in nature, sell at once; or
(b) not perishable in nature, sell by public auction, Such consignment or part p thereof, as may be // 8 // OA/050/00590/2022 necessary to realize a sum equal to the freight or other charges:
Provided that where a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as may be prescribed.
(3) The railway administration
administra may, shall give a notice of
not less than seven days of the public auction under Cl. (b) of sub-section section (2) in one or ,ore local news papers or where there are no such manner as may be prescribed.
(C) Indian Railway Commercial Manual-Volume-II,
Manual II, rules
and orders issued by Railway Board. Relevant Para 1820 reads as:-
1820 - Recovery of railway dues before delivery of goods. Before delivery of goods, it should be seen that all railway dues and other charges have been paid. Wharfage and demurrage charges should hould be levied under tariff rules and recovered, from the consignees/ endorsee before delivery of goods. As regard overcharged claimed at the time of delivery, the procedure indicated in chapter XXI should be followed.
[Emphasis Supplied]
15. Applying the aforesaid oresaid provisions and facts of the case as evident from pleadings that applicant was working as GSS/DNR and retired on 28.02.2022 initial settlement report dated 22.02.2022 related to outstanding position of Danapur goods wherein DC and WC charges against different parties were mentioned, running as outstanding during tenure of applicant and ₹11,31,544 was withheld at time of initial settlement of applicant retired on 28.02.2022. The respondents corrected error and amount of DC ₹8,83,800/- and GST ₹44,191/- total ₹9,27,991/-- accrued on different dates related to rakes of M/s Ganga Carrier Pvt. Ltd. and delivery was granted by applicant without collection of DC due due,, violating Para 1820 IRCM IRCM-II II and Section-83 Section of Railways Act, 1989 and provisions of detaining consignment was not followed by applicant. Applicant has made representation dated 04.02.2022, regarding outstanding position of Danapur Goods to senior DCM, ECR, DNR and stated factual position of outstanding of DNR Goods on 004.02.2022 4.02.2022 before his superannuation. The applicant stated in the representation dated 04.02.2022 filed as Annexure - R/4 that five concerned DC bill with GST total ₹9,27,991 and categorically stated that above mentioned amount i.e. ₹9,27,991/ ₹9,27,991/- and no any other ther amount is outstanding for my service tenure at DNR Goods and at present due to case CWJC No.13638 of 2021. M/s Ganga Carriers Pvt. Ltd. vs. Union of India there is interim order not to take coercive steps.
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16. Admitted fact by applicant as evident from his representation dated 04.02.2022 (Annexure - R/4) filed with written statement that ₹9,27,991/ ₹9,27,991/-,, DC due is outstanding amount for applicant service tenure at DNR Goods and at present cannot be adjusted due to court case CWJC No.13638/2021 by the party cconcerned oncerned and interim protection order by Hon'ble High Court.
17. Sub Rule (3)(b) of Rule 15 of Rules, 1993 provides that railway or government overnment dues includes losses (including including short collection in freight charges shortage in stores stores) caused to the Government or the the railway as a result of negligence or fraud while he was in service. Sub Sub-sub-rule rule (ii) of sub--rule rule (4) of Rule 15 of Rules 1993 provides it is permissible to make recovery of government overnment dues from the retirement, death, terminal or service gratuity even w without ithout obtaining his consent. Thus case of applicant falls under Rule 15 of Rules 1993 and DCRG gratuity withheld in accordance with law after giving prior opportunity of hea hearing ing for violation of section 83 of Act, 1989 and para 1820 of IRCM-II IRCM to the extend nd as M/s Ganga Carriers Pvt. Ltd. approached in CWJC No.13638/2021 before Hon'ble High Court, Patna for waiver of penal demurrage charges and application for waiver of DC/WC is pending for final adjudication.
18. The case on hand, what comes out loud and clear clear that applicant has admitted DC ₹9,27,991/- vide communication/representation dated 04.02.2022 to Sr. DCM that outstanding for his tenure and after giving opportunity the applicant has not collected of due DC accrued on different rakes of M/s Ganga Carri Carriers ers Pvt. Ltd. and released rakes without collecting DC due ₹9,27,991/-,, violating Para 1820 of IRCM-II IRCM II and section 83 of Act, 1989 1989.
19. Shri Rajendra Prasad, learned counsel for applicant, has relied on Hon'ble Supreme Court judgments in case of State of Jharkhand & Ors versus Jitendra Kumar Srivastava, (2013) 12 SCC 210, Dr. r. Hira Lal versus State of Bihar and others, (2020) 4 SCC 346, Maniben Maganbhai Bhariya versus District Development Officer Dahod, 2022 SCC OnLine SC 507, and Hon'ble High Co Court, urt, Patna judgment in case of Dr. Aquil Ahmad versus State of Bihar & Ors, reported in (2021) 1 PLJR 293.
20. But it is settled ettled position of law that judgment has got no universal sal application rather the judgment is to be tested on the basis of fact f ct // 10 // OA/050/00590/2022 of each cas case. Reference in this regard be made to the judgment rendered render of Hon'ble Supreme Court in the case of br. Subramanian Swamy versus State of Tamil Nadu and Ors, (2014) 5SCC 75. The Relevant paragraph 47 which read reads as:-
"47. It is a settled legal proposition that the ratio of any decision must be understood in the background of the facts of that case and the case is only an authority for what it actually decides, and not what logically follows from it. The Court should not place reliance on decisions without discussing as how the factual situation fits in with the fact situation tion of the decision on which reliance is place."
[Emphasis Supplied]
21. This Tribunal now proceeding to examine the factual aspects as was in the case of Jitendra Kumar Srivastava (Supra). Their Lordships, Were Seisin With issue as to whether Lordships hether in absence of any provision in the he Pension Rules, the State Government Go can withheld a part of pension or gratu gratuity ty during pendency of departmental /Criminal inal proceedings proceedings?? Respondent employee retired from department of Animal Husbandry and Fisheries employee of State of Jharkhand, due to pendency of two criminal cases and disciplinary proceedings, 90% provisional pension sanctioned to respondents. Their Lordships was dealing case related to Bihar Pension Rules, les, held that statutory rules there is no provision for withholding pension and gratuity in given situation. Had there been any such provision in these rules, the position would have been different.
22. In case of Maniben Maganbhai Bhariya (Supra), Theirr Lordships were seisin with issue related to Anganwadi workers/helpers "whether applicability of gratuity being a social security measure be extended to the employees who served the establishment in an unorganized section?
section?" Hon'ble Supreme Court held that for f reasons recorded ed the Payment of Gratuity Act, 1972 will apply to A Anganwadi ganwadi Centres and in turn to AWWS and AWHS AWHS.
23. Case of Dr. Hira Lal versus State of Bihar (Supra). Their Lordships while considering issue, "whether whether the State of Bihar was justified in withholding 10% pension and full gratuity under circulars on the ground of pending criminal proceedings proceedings?" Their Lordships held that pension and gratuity cannot be withheld by a mere executive instructions, // 11 // OA/050/00590/2022 the right held to be a right to property, can only be deprived in accordance with law. Their Lordships were considering submissions with respect to interpretation of Bihar Pension Rules, 1950 and Bihar Government Circulars. So also in case of Dr. Aquil Ahmed versus State of Bihar Supra), Hon'ble High Cou (Supra), Court, rt, Patna vide judgment dated 01.10.2020, Their Lordships, seisin with issue "whether Lordships whether 90% of gratuity amount may be released where departmental proceedings still pending under Bihar Pension Rules?"
?" Their Lordships considered retrospective applicability of amendment in Rule 27 and newly inserted sub sub-rule rule (d) in Rule 43 of Bihar Pension Rules 1950.
24. But here in case in hand, I have analysed in detail and find that applicant was working as GSS/DNR and before date of retirement retirement,, settlement reports submitted and applicant also submitted reply/representation dated 04.02.2022 to Senior DCM, that outstanding for his tenure at DNR Goods is ₹9,27,991/-- and M/s Ganga Carrier Pvt. Ltd. has filed case and DC cannot be paid due to interim order in Writ Petition related to waiver of DC. Railway in light of Rule 15 of Rules, 1993 held up DCRG amount due after giving opportunity of hearing for railway loss as applicant failed to collect DC charges and released racks of the party without taking Demurrage Charges/w Charges/wharfa rfage charges, violation of Section 83 of Act, 1989 and Para 1820 of IRC IRCM-Vol Vol-2.
25. Hon'ble Supreme Court in case of Nair Service Society Versus Dr. T. Beeramasthan, (2009) 5 SCC 545, Their Lordships also held reads as:
as:-
"48...... It is well settled that judgments in service s jurisprudence should be understood with reference to the particular service rules governing the field."
[Emphasis Supplied]
26. Therefore, the judgments rendered in case of Jitendra Kumar Srivastava, Dr. Hira Lal, Maniben Maganbahi Bhariya and in case of Dr. Acquil Ahmed (Supra) not applicable in the facts and law applicable in case in hand of this Tribunal as there is material difference in the facts of the cases relied by learned counsel for applicant.
27. The applicant was given opportunity of hearing and and party concerned has also approached for waiver of DC. Therefore order of withholding DCRG amount is just and proper.
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CONCLUSION
28. In view of above facts and law, DC amount in question has arrived at after giving opportunity of hearing to applicant and amount quantifies before retirement not disputed by applicant and party also seeking waiver. Withholding of DCRG amount is in accordance with law under Rules 1993 fo for violation of Section ection 83 of Act, 1989 and Para 1820 of IRCM--II II and present OA devoid of merits, no interference is warranted.
29. Accordingly the issue is decided against the applicant and Original Application is devoid of merits accordingly dismissed.
30. However, r, in the facts and circumstances parties are directed to bear their costs.
31. Any pending Misc. Application (s), if any, shall also stands disposed of.
Sd/-
[Ajay Pratap Singh] Judicial Member Central Administrative Tribunal Patna Bench, Patna sks/-