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HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 11.05.2026 (Ashutosh Kumar, CJ) We have heard Mr. G. Sarma, learned Advocate for the petitioner, who has questioned the order dated 21.01.2026, passed by the Central Page No.# 3/4 Administrative Tribunal, Guwahati Bench (hereinafter referred as "Tribunal") in O.A. No. 66/2023, directing the petitioner/National Small Industries Corporation Ltd. (NSIC), a National Public Sector Enterprise, to release the Performance Related Pay (PRP) to the respondent, within three months.

The records reveal that the respondent/Abhijit Baruah, who was an employee of the NSIC, faced a departmental inquiry in which he was saddled with a major penalty of reduction of pay by 5 (five) stages for three years, which punishment was upheld by the appellate authority concerned.

Almost simultaneously, a CBI inquiry was also conducted against the respondent and others, pursuant to which an FIR was registered. In the meantime, the respondent superannuated in the year 2022. After his retirement, the respondent was paid his terminal/retiral benefits like pension, gratuity, leave encashment, composite transfer grant, etc. However, some part of the PRP for the relevant years, i.e. from 2016-2017 onwards was withheld because of the lack of vigilance clearance, pendency of disciplinary proceedings and imposition of major penalty as also the subsequent CBI prosecution.