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Showing contexts for: CSIO in Kishore Kumar Bharat vs Dr Shekhar C Mande And Others on 11 March, 2026Matching Fragments
Kishore Kumar Bharat son of Sh. RR Bharat age 65 years (Retd. Controller of Stores and Purchase (CoSP), resident of House No.57/4, Sector 'C' Exit Defence Colony, Behind Guga Madi, Kalarhedi Road, Ambala Cantt. Haryana-133001. ...Applicant [By Advocate: Mr. Pankaj Mohan Kansal] VERSUS 1. Dr.ShekharCMande,theDirectorGeneral,CouncilofScientific& Industrial Research, Anusandhan Bhawan, 2, Rafi Marg, New Delhi- 110001. 2. Prof. S. Anantha Ramakrishnan, the Director, CSIR-Central Scientific Instruments Organization, Sector 30-C, Chandigarh - 160030. 3. Sh. S.D. Rishi, the Administrative Officer, CSIR-Central Scientific Instruments Organization, Sector 30-C, Chandigarh - 160030. ...Respondents [By Advocate: Mr. Sanjay Goyal, Sr. CGSC with Ms. Jyotika Panesar] R D E R O Per: RAMESH SINGH THAKUR, MEMBER (J): 1. Petitioner has preferred the present Contempt Petition under Section 17 of the Administrative Tribunals Act, 1985 read with Central Administrative Tribunal (Contempt of Court) Rules, 1992 praying that the orders dated 10.12.2019 passed by this Tribunal in O.A.No.060/141/2019 (Annexure CP-1) be got implemented, and the respondents be summoned and punished for willful and intentional disobedience of the said order passed by this Tribunal. 2. The petitioner submits that he retired from the service of CSIR-CSIO on 30.11.2016 as Controller of Stores and Purchase upon 2026.03.27 SHIVAM 10:09:23 attaining the age of superannuation. At the time of retirement, no +05'30' disciplinary,vigilanceorcriminalproceedingswerependingagainsthim. 2 (C.P.No.060/12/2022) However,hisretiraldueswerereleasedbelatedly,viz.leaveencashment was paid after about four months, and gratuity and commutation of pension were released after about nine months from the date of retirement. Aggrieved by rejection of his claim for interest on delayed payment of retiral benefits, the applicant filed O.A. No. 060/141/2019 beforethisTribunalchallengingorderdated12.02.2018.Thoughinitially interestwasclaimedondelayedpaymentofleaveencashment,gratuity and commutation ofpension,onstatementmadebycounsel,theclaim stoodconfinedtointerestondelayedpaymentofcommutationvalueof pension. 3. Vide order dated 10.12.2019 (Annexure CP-1), the O.A. was allowed. Operative portion of the order reads as under: "11. In the present case, admittedly, at the time of retirement, neither departmental nor criminal proceedings were pending against applicant. Theamountofgratuityandcommutationvalueofpensionwaswithheldby the respondents for the reason that he was given extensionforretaining Govt. accommodation from 01.12.2016 to 31.1.2017. It is not indispute thatapplicantwaspaidprovisionalpensionandultimatelyfullpensionwas given on 01.9.2017. It is clear from indicatedfactsthatdespiterepeated requests by respondent no.2 to respondent no.1 to issue vigilance clearance certificate as there was no case pending against the applicant, respondentno.1hasnotissuedvigilanceclearancecertificateandforthat applicant cannot be penalized for non-release of payment attherelevant time.Thus,applicantisheldentitledtoawardofinterestontheamountof commutation value of pension from the date when it became duetillthe date it was released @ applicable to GPF amount." 4. The petitioner asserts that Respondent No. 3 issued Office Order dated 11.03.2020 (AnnexureCP-2),calculatinginterestofRs.49,508/- on the commuted value of pension (Rs. 8,33,232/-) for the period December 2016 to August2017.However,insteadofreleasingthesaid interest, the respondents stated that sincetheapplicanthadbeenpaid 2026.03.27 fullprovisionalpensionduringthatperiod,hewasrequiredtorefundthe SHIVAM 10:09:23 +05'30' commutedportionofpensionamountingtoRs.76,266/-(Rs.8,474x9 months),resultinginanetdemandagainsthim.Thepetitionercontends 3 (C.P.No.060/12/2022) that the net effect of the said order is non-compliance with the order passed by this Tribunal, as instead of paying interest as directed, the respondents havesoughttoadjustandrecoveramountsfromhim.The petitioner has disputed the recovery and further contends that even assuming recovery ispermissible,thesamecannotbeadjustedagainst theimplementationoftheorderofthisTribunalwithoutdueprocessand without affording him an opportunityofhearing.Healsostatesthathe has separately challenged the Office Orders dated 11.03.2020 and 19.07.2021 by way of substantive proceedings. 5. The petitioner further avers that he addressed several representations and emails dated 15.06.2020, 08.07.2021,09.07.2021 and 22.11.2021 requestingpaymentoftheinterestamountintermsof the order of this Tribunal and asserting that commutationcouldnotbe effected retrospectively. However, the respondents rejected hisrequest videorderdated19.07.2021anddidnotreleasetheinterestamount.It is specifically pleadedthatalthoughtheinterestamountwascalculated in the order dated 11.03.2020, it has not been paid. The petitioner assertsthatnon-paymentofinterestamountstonon-implementationof the order passed by this Tribunal dated 10.12.2019, and the same attracts contempt proceedings against the respondents on account of willful and intentional disobedience of the order passed by this Tribunal. 6. The respondents have contested the claim of the petitioner. It is submitted by the respondents that there is no willful or intentional disobedienceoftheorderdated10.12.2019passedbythisTribunaland that the present Contempt Petition has been filed merely because the applicantisdissatisfiedwiththemannerofcompliance.Itisassertedby the respondents that this Tribunal had confined relief only to grant of 2026.03.27 interest on the commutation value of pension and had not directed SHIVAM 10:09:23 +05'30' payment of 100% pension along with commutation. 4 (C.P.No.060/12/2022) 7. Therespondentsassertthattheyhavecompliedwiththeorderby calculating the interestpayableonthecommutedvalueofpensionvide Office Order dated 11.03.2020. The respondents contend that the applicant had been allowed to draw 100% full pension as provisional pension from 01.12.2016 to 31.08.2017 due to pendency of vigilance clearance.ItissubmittedthatasperPensionCommutationRules,once commutation becomes effective, only 60% of pension is payable and 40% stands commuted. The respondents assert that there is no provision under the rules permitting simultaneous payment of full pension andcommutedvalueofpension.Itisfurthercontendedbythe respondents that since the applicant had already drawn 100% pension during the period in question, adjustment/recovery of the excess 40% component was necessary for implementing the order of this Tribunal, and accordingly, the applicant was requested to deposit Rs. 26,758/-, being the excess amount calculated after adjustment.Therespondents maintain that this action is in accordance with the rules and does not amount to non-compliance of the order of this Tribunal. 8. The respondents argue that the applicant is effectively seeking a double benefit, namely 100% pension along with interest on the commutedvalueforthesameperiod,whichisnotpermissibleunderthe applicable pension rules. The respondents emphasize that the order passed by this Tribunal did not direct grant of full pension along with interest on commutation and therefore no contempt is made out. 9. It is alsosubmittedbytherespondentsthattheapplicanthimself has admitted that commutation could only be effective from 01.09.2017, and therefore he cannot claim interest from 01.12.2016 while retainingfullpensionforthatperiod.Therespondentsassertthat 2026.03.27 the issue involves interpretation of pension rules and, at best,raisesa SHIVAM 10:09:23 +05'30' question of law rather than constituting contempt. Additionally, the respondentsstatethattheapplicantwasinformedthroughlettersdated 5 (C.P.No.060/12/2022) 11.03.2020 and 19.07.2021 regarding the positionundertherulesand wasaffordedopportunitytorespond.Assuch,theallegationofviolation ofprinciplesofnaturaljusticeisdenied.Lastly,therespondentscontend thattheinterestamounthasalreadybeencalculatedincompliancewith the order of this Tribunal and that adjustment is required before effecting payment. The respondents assert that having acted in accordancewithrulesandhavingtakenstepstoimplementtheorderof this Tribunal, thereisnowillfuldisobedience,andnocontemptismade out. 10. In rebuttal, the applicant reiterates that despite calculation of interest vide Office Order dated 11.03.2020, the respondents have failed to release the interest amount of Rs. 49,508/- for over eleven months, thereby not implementing the order of this Tribunal dated 10.12.2019,andassertsthatmerecalculationofinterest,withoutactual payment,cannotconstitutecompliance.Theapplicantcontendsthatthe action of the respondents in simultaneously calculating the interest payable and demanding refund of Rs. 76,266/- towards allegedexcess payment of provisional pension amounts to deliberate non-compliance. 11. The applicant further arguesthattherespondentsareattempting to enlarge the scope of contempt proceedings by introducing issues relatingtopensioncommutationrulesandallegedexcesspayment.The applicant argues that the order of this Tribunal directed payment of interestondelayedcommutationvalueofpension,andtherespondents are bound to implement the same in letter and spirit, and cannot withhold payment on grounds not forming part of the original adjudication. The applicant further submits thatevenifanyrecoveryis legally permissible, such recovery cannot be adjusted against the 2026.03.27 implementation of the order of this Tribunal. The petitioner contends SHIVAM 10:09:23 +05'30' that any recovery, if at all contemplated, must be preceded by due process, including issuance of a show cause notice and affording an 6 (C.P.No.060/12/2022) opportunity of hearing, in accordance with principles of natural justice and Government instructions. 12. We have heard the arguments addressed by learned counsel for both sides and carefully pursued the material on record. 13. The scope of jurisdiction under Section 17 of the Administrative Tribunals Act, 1985 read with the Central Administrative Tribunal (Contempt of Court) Rules, 1992 is limited. In contempt proceedings, this Tribunal is required to examine whether there is willful and deliberate disobedience of its order. It is settled that contempt jurisdiction cannot be invoked for adjudicating fresh disputes, reinterpreting the original judgment, or testing the correctness of the actiontakeninpurportedcompliance.Ifcompliancehasbeeneffectedin substance and the dispute pertains to its manner or correctness, the remedy lies in substantive proceedings and not in contempt. 14. In the present case, vide order dated 10.12.2019 passedinO.A. No. 060/141/2019, this Tribunal held that theapplicantwasentitledto interestontheamountofcommutationvalueofpensionfromthedateit became due till the date it was released, attherateapplicabletoGPF. The operative direction was confined to grant of interest on delayed commutationvalueofpension.Therewasnospecificdirectionregarding adjustment, mode of payment, or inter se treatment of provisional pension already paid. 15. The record shows that therespondents,inpurportedcompliance, issuedOfficeOrderdated11.03.2020,whereintheinterestamountwas calculated at Rs. 49,508/- for the relevant period. Thus, the respondents havetakenstepstocomputetheinterestpayableinterms of the order dated 10.12.2019. The grievance of the petitioner is that 2026.03.27 instead of releasing the said amount, the respondents simultaneously SHIVAM 10:09:23 +05'30' raised a demand for refund of alleged excess payment on account of 100% provisional pension drawn during thesameperiod,resultingina 7 (C.P.No.060/12/2022) net liability. The stand of the respondents is that the applicant had drawn 100% provisional pension from 01.12.2016 to 31.08.2017 and that, as per Pension Commutation Rules, once commutation becomes effective,only60%ofpensionremainspayable.Theassertionmadeby the respondents is that there cannot be simultaneous payment of full pension and commutedportion,andthereforeadjustmentwasrequired while implementing the order of this Tribunal. 16. Whether the interpretation adopted by the respondents is legally correct or not is a matter that may require adjudication inappropriate substantive proceedings. In fact, the petitioner has already challenged the Office Orders dated 11.03.2020 and 19.07.2021 in separate proceedings.Thepresentcontemptjurisdictioncannotbeconvertedinto aforumfordecidingthelegalityorvalidityofsuchadministrativeaction. The essential question before us is not whether the respondents are right in seeking adjustment, but whether their conduct demonstrates willful and intentional disobedience of the order dated 10.12.2019. 17. From the material on record, it is evident that the respondents havecalculatedtheinterestpayableintermsoftheorderpassedbythis Tribunal. Thereafter, based on their understanding of the applicable pension rules, the respondents have asserted adjustment is necessary before actualrelease,andthedisputeessentiallyrelatestothemanner of compliance and interpretation of pension rules. There is nothing on record to establish that the respondents have deliberately refused to implement the order or have acted in conscious disregard of the directions of this Tribunal. At best, the controversy pertains to the correctness of the method adopted by the respondents in giving effect to the order. Such a dispute cannot be adjudicated in contempt 2026.03.27 proceedings.Itiswellsettledthatwherecomplianceisclaimedandthe SHIVAM 10:09:23 +05'30' dispute relates to its adequacy or legality, contempt is not made out 8 (C.P.No.060/12/2022) unlessthereisclearevidenceofwillfuldisobedienceinconduct.Suchan element of willfulness is conspicuously absent in the present case. 18. Accordingly, we are of the considered view thatnocaseofwillful andintentionaldisobedienceoftheorderdated10.12.2019ismadeout againsttherespondents.TheContemptPetitionis,therefore,dismissed. The respondents stand discharged of the notice of contempt. The petitioner may pursue appropriate remedy in accordance with law. (RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR) MEMBER (A) MEMBER (J) /s/ 2026.03.27 SHIVAM 10:09:23 +05'30'