O R D E R (ORAL)
M.C. Verma, Member (Judl.)
1. Today is the third date when this O.A. is on Board for notice stage hearing. On first and second date none appeared for applicant and today also none appeared for applicant when it was called on its turn and thus it was kept as passed over case. It is 3.30 PM. Now when Shri Birendra Kumar Advocate appeared for applicant and pressed the O.A. Heard.
2. The prayer made in the O.A. is for direction to the respondents for payment of gratuity, for final pension, commutation
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:: 2 :: O.A./051/00113/2022 of pension and for interest on delay payment of pension and gratuity. From pleading and submission advanced during argument, it transpires that for illegal exchange of W.O.S. currency notes a raid was conducted by the District Police through S.P., Dumka. That in said raid it was found that applicant was involved in illegal exchange of W.O.S. notes worth Rs.45,20,143/- Criminal case was registered and trial against the applicant is pending and Department proceedings is also pending.
3. It is enquired from learned counsel for applicant that when criminal case is pending and departmental proceeding is also being conducted, how regular pension, commutation of pension and payment of gratuity can be directed and he submits that applicant is being paid provisional pension only and that Gratuity and pension is not the bounty and the respondents cannot withhold gratuity.
4. Learned counsel Shri Rajendra Krishan vehemently opposed the maintainability of the O.A. He submits that it is admitted fact that departmental proceeding and criminal case is pending against the applicant. Applicant has been getting provisional pension and legally no direction for release of gratuity and for regular pension can be given at this stage.
5. Considered the submission. The relief prayed for cannot be granted during pendency of criminal trial and departmental proceeding, the O.A. being devoid of merit deserves dismissal and hence dismissed.
(Sunil Kr. Sinha) (M.C. Verma)
Member (A) Member (J)
sks/-
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