Fifty percent gratuity has been withheld by the disciplinary authority. A departmental proceeding was initiated after my retirement. At the time of retirement, payment of gratuity was stopped due to a complaint filed against a few officers. On that complaint no proceeding was initiated when I was in service. After my retirement an inquiry officer was appointed. He submitted a report to the disciplinary authority thereafter, charges were framed and a charge sheet was served to the delinquent officers. Except me, all other officers are in service. The inquiry culminated in a punishment. I have been awarded punishment in the form of fifty percent gratuity and has been withheld and sixteen lakh rupees has been recovered from my pension. I have not been receiving pension after the passing of the punishment order.
Asked from: Uttar Pradesh
In the present circumstances, the entire disciplinary proceeding against you is illegal because the Governor’s sanction was not obtained. These disciplinary proceedings were initiated after your retirement, and you were not under suspension at the time of retirement.
According to Article 351A of the Uttar Pradesh Civil Service Regulations, if disciplinary proceedings are initiated against a retired officer, sanction from the Governor is mandatory. Only the Governor has the authority to withhold pension and other retirement benefits. It is important to note that a departmental proceeding is considered initiated when a charge sheet has been served upon the concerned officer. It is an admitted fact that the charge sheet was served upon you after retirement.
The right to receive a pension was recognized as a right to property by the Constitution Bench judgment of Supreme Court in Deokinandan Prasad v. State of Bihar [(1971) 2 SCC 330]. In State of Jharkhand vs Jitendra Kumar Srivastava [(2013) 12 SCC 210], the Supreme Court held that pension and gratuity are not a bounty but the property of the employee, earned during their service, and shall not be withheld except according to the procedure established by law.
In Y. K. Singla vs Punjab National Bank (2013) 3 SCC 472, the Supreme Court held that interest at 8% per annum shall be paid on the amount of gratuity from the date of the employee’s retirement.
Therefore, you should file a writ petition in the High Court under Article 226 of the Constitution of India to quash the final order of the disciplinary authority that led to the withholding of fifty percent of your gratuity and the initiation of the recovery of sixteen lakh rupees from your pension. You are also entitled to receive all outstanding retirement dues with interest.
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