2023 (3) TMI 377

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....o as to enable him to get his full pension after his superannuation on 31.10.2017. The petitioner also seeks to assail the order dated 27.06.2018 passed by the respondent no.1 vide which it has refused to release the leave encashment and gratuity payable to him. 2. Ms.Avnish Ahlawat, learned counsel for the petitioner, submits that the petitioner who had joined the service of the respondent in 1984 and was due to superannuate on 31.10.2015, was based on his excellent work, granted two years' extension, and finally superannuated on 31.10.2017 as the General Manager, Punjab Bhawan, New Delhi. However, despite his repeated requests, he has been granted only part of his GPF amount, and has been sanctioned 75% pension. He has also been denied....

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....till need to be settled, and it is only when action on these pending issues is completed that steps will be taken to make recoveries from the concerned persons, including the petitioner. She, therefore, prays that the writ petition be dismissed. 5. Having considered the submissions of learned counsel for the parties and perused the record, I am unable to appreciate the stand taken by the respondents. Once it is an admitted position that, even after five years since the petitioner's superannuation neither any criminal proceedings, nor any departmental proceedings, have been initiated against him, there is absolutely no justification on the part of the respondents in withholding the petitioner's terminal dues. An employee after rendering l....

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....levant extracts of rule. 2.2(b), which reads as under: "Rule 2.2 (b) Rule (2) Such departmental proceedings, if not instituted while the officer was in service, whether before his retirement or during his re-employment - (i) shall not be instituted save with the sanction of the Government; (ii) shall not be in respect of any event which took place more than four years before such institution: and (iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the officer during his service." 7. In the light of the aforesa....