Central Administrative Tribunal - Delhi
Om Prakash Sharma vs Govt. Of Nctd on 4 April, 2019
Central Administrative Tribunal
Principal Bench, New Delhi
OA-1082/2019
New Delhi this the 04th day of April, 2019
Hon'ble Sh. Pradeep Kumar, Member (A)
Om Prakash Sharma, TGT (Retd.),
Aged About 69 years, (Group „B‟)
R/o WZ-178, Gali No. 11, Shiv Nagar,
New Delhi. ... Applicant
(By Advocate : Sh. M K Bhardwaj)
Versus
1. Govt. of NCT of Delhi,
Through its Chief Secretary,
New Secretariat, IP Estate,
New Delhi.
2. The Director,
Directorate of Education,
Govt. of NCT of Delhi, Old Secretariat,
Delhi. ... Respondents
ORDER (ORAL)
Sh. M.K. Bhardwaj, learned counsel represented the applicant. The applicant was working as TGT (Natural Science) in Department of Education under GNCTD. He retired on attaining the age of superannuation on 31.12.2008. While in service, a criminal case under section 376/504/34 of IPC in relation to gang rape was filed against the applicant vide FIR No. 107/2005 Dt 17.2.2005. He was arrested and remained in custody for about one year. In this case the Trial Court had given benefit of doubt and acquitted the 2 O.A. No.1082/2019 applicant vide orders dated 21.12.2010. The applicant pleads that no appeal has been filed against this acquittal. 2.0. In view of the criminal case, he was suspended vide orders Dt. 18.02.2005 a departmental charge sheet was also issued on 15.2.2008 and punishment of withholding 100% pension and gratuity permanently was imposed by the disciplinary authority vide orders Dt. 9.12.2014 which was served vide letter Dt. 19.12.2014. Feeling aggrieved, the applicant preferred an OA No. 956/2015 which was decided on 09.10.2018 with the following directions :-
"15. Accordingly, we quash and set aside the Annexure A-I order dated 09.12.2014 with liberty to the disciplinary authority to furnish a copy of the UPSC advice to the applicant for his representation and pass an appropriate order after considering such representation."
Thereafter, the UPSC‟s advised was also served upon the applicant. However, the disciplinary authority is yet to take a decision on the said departmental charge sheet. 3.0. However, the applicant has not been released any retiral benefits including provisional pension. He made a representation dated 03.12.2018 to the respondents which was received also on 03.12.2018. However, no decision has been advised as yet.
3O.A. No.1082/2019
Applicant also pleads that instructions to release provisional pension in respect of another employee, who was also co-accused of said gang rape, namely Shri Ved Prakash Sharma, who was Vice Principal and was also co-acquitted of gang rape, vide judgement dated 21.12.2010, have since been issued on 5.12.2017.
4.0. The matter has been heard. The OA is disposed of at admission stage itself, without going into the merits of the case, with a direction to the respondents to pass a reasoned and speaking order, on the representation Dt 3.12.2018, within a period of three months from the date of receipt of a certified copy of this order. Applicant shall have liberty to approach the Tribunal, if any grievance still subsists. It is clarified that the respondents retain liberty to decide the pending departmental charge sheet Dt 15.2.2008 on merits. No order as to costs.
(Pradeep Kumar) Member (A) sarita