Learned Counsel for Applicant has drawn attention to this Tribunal order dated 02.07.2018 in which it has been stated that “It has been informed by learned counsel for the applicant that respondents has prepared the bills for admitted retiral dues and provisional pension but the same has not yet released in pursuance of the order passed by this Tribunal on 20.04.2018. If the admitted retiral dues and provisional pension is settled the same may be released within 2 weeks from today.” Learned Counsel for Applicant has further stated that the respondent is needlessly delaying the matter for releasing the retiral dues.
2. Learned Counsel for Respondents has drawn attention of the Court to Short CA filed, in which in Para-5 & 6, 7 certain allegations have been made with regard to inclusion of disabled unmarried sister of the applicant in the CGHS Card for making a huge medical claim by the Applicant. It was also pointed out that a compliant in this context has been filed on 27.04.2018 (Annexure No. 6, page no. 23 & 24 of Short CA) to the SSP, Lucknow.
3. Here it was pointed out by Learned Counsel for Applicant that the concerned complaint letter has still not been registered as F.I.R. and no further action taken in the matter by the Police. To this, it was pointed out again by the Learned Counsel for the Respondents that the matter of fraud related facts came into light during the time of releasing of retiral dues and hence the Respondents prayed for filing detailed CA on this aspect.
4. It is unfortunate that when this case is listed for final hearing today, then the above averments are bring brought into light and that, they were not mentioned earlier in the pleadings or order of the Bench. However, taking on record the pleading by the Respondents regarding the possibility of fraud and request to file detailed CA, I am of the view that interest of justice would be fulfilled by giving the opportunity of stating whatever facts are full and final in this alleged matter of fraud and thereafter, the Applicant may be given the opportunity to refute them.
5. The fact that considerable time has already lapsed and the matter was listed for final hearing, hence two weeks time is allowed to file detailed CA which will be final time given and no further time shall be permitted.
6. Learned Counsel for Applicant has also pointed out that such retiral dues as GPF and provisional pension are released even if when there is a criminal case pending against employee. In the present case it is admitted by Respondents that only compliant letter has been filed and that also is not yet converted into F.I.R. or further action thereof as per records before the Tribunal.
7. In the event therefore, a short and final two weeks time is granted to Respondents to file CA. If CA is not filed by Respondents then the retiral dues which can be released during the criminal investigation, shall also be released.
8. List this case on 13.08.2018 for final hearing.
9. Let a copy of this order be given Learned Counsel for Applicant as well as Respondents to ensure the compliance of the order today.