/-^ ^ ^ ^. ri ys- @ ^? §^sm ^i ? S^ IN 'HIEJIIGH COURT OF CHHAmSGARH. AT - BILASPUR Writ Petition (S) No. IM&% of 2010 Petitioner Vinod Kuinar Lall, Aged - 62 years, S/o ShriVipinLall, Retired - Forest Ranger, at - Indrawati Tiger Reserve, Beejapur, District - West Bastar (Beejapur), R/o 31, M. I. G., Tatiband, Raipur, District - Raipur (C. G.) VERSUS Respondents \4 ^- ^^ 'M^'~ ^ t\^ ^.--^ t-i.i • 1." State of Chhattisgarh Through - Its Secretary, /i^ . Department of Forest, Mantralaya D. K. S. Bhawan, Raipur 2. Principal Chief Conservator of Forest (Territorial), Chhattisgarh, H. Q. - Aranya Bhawan, Raipur, Chhattisgarh. 3. Deputy Director, Indrawati Tiger Reserve, Beejapur, District - West Bastar (Beejapur), Writ Petition under Article - 226 ojlhe Constitution of India. w Ki HIGH COURT OF CHHATTI^SARH AT BILASPUR WRIT PETITION (S) N0.146aof2®10 PetitkMier Vinod Kumae Lall Vereus R^sporident State of CWiattisgath & others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTrTUTtON OF INDIA ^B: Hon'bte Mr. Satish K. Agnihdri, J.) Present:- ,Shri;R.K.Xeshaiwani, Adiyocatsforthepetitioner, " Shri P.K.Bhaduri, Panel Lawyer for the State. ORDER<ORA4 (Passed on 6"'of April, 2010) 1. Learned counsel appearing for the petttioner submte that the petitioner while working as Forest Ranger retired fnom servtee on 30/092007. Thereafter, the petitioner has not been granted any retiral benefite except anticipatory pension. 2. Learned counsel relies on provisions of section 64(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976 which provides for grant of pensionary benefite during pe»ictency of -the departmental enc^jiry. Two ctaargesheets have been issued tptfie petitioner in the year 2004 and ttiereafter, in the year 2006, third charge sheet was iasued. But the enquiry hae not been ecmifrfeted and the petitioner has been suffering on account of non complelaon of the enquiry and as such, he is being denied pensionary bairfits i.e. gratuity, leave encashment and Group Insurance Schenae fimd. 3. On consideration of the submission of teamed counsel for the petitioner and on perusat of the order dated 2&. 10.2007 (Annexure P/4), it appears that the authprities have already exefcised their power under Rule 64(c) of the Rules, 19TC and has helil that the - payment of gratuity would be made after departmental enquiry is comptete. Rule 64(c) of the Rules, 1976 does not diract payimnt of any graturty or any other retiral benefits except ttatthe head olthe office is authorised to consider grant of gratuity taking into consideration gravity of the charges leveBed against -such Qovemment servant. The authoriK can further cBrect under seetion /-^f^ ^ ^v 5. 6. Arun y. 64 (c) of the Rules, 1976 that provisjonal gratuity stell be drawn on establishment pay bill and paid to retired a>vernment servant by the Head of Office after adjusting dues mentjoned in sub rute (2) of rule 60, under intimatlon to Audit Office. PaymeBt of provisional pension/grahiHy made under sub-rule (1) shatl be adjusted against final retirement benefit sanctioned to such Govemment upon conclusion of such pnxseedings, but no recovery shall be made where the pension/gratuity finally sanctioned is less than the provisional pension/gratuity or the pension/gratuity is reduced or withheld either permanently or for a specifled period. Shri Bhaduri, teamed Panel l-awyw appearing for the State/respondent submits that tbe wiquiry js with regard to alleged embezzlement of puyic nroney. Having regard to ttie gravity of the charges, it appears that the order of the Pension Comniittee dated 21.08.2009 (Annexure P/6) is just and proper and does not warrants interference. tn the case on hand, wHhout going into the merits of the oase, the authorities have exercised their powecs holding that the paymait of gratuity shall be made after completion of enquiry. Kaeping in view the difficulty of the petitioner, the respondent authorities are directed to conctude the enquiry as earty as posable, preferably within a period of four months and Ihereafter, take appropriate action in accordance with the iaw. So far as ieave encashment and GtS amount is concernal, the authorities shall consider payment of the same to Ae petitioner as there is na provision to withhpld thesame during the pendency of any enquiry and pass appropriate orders at the earliest. With the aforesaid observation aml direcAion, frie writ petifon is disposed of. SatishK.Agnihotri Judge 1