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% 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 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:-

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 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.