Chief General Manager Gujarat Telecom ... vs Manilal Ambalal Patel

2. The first respondent (hereinafter referred to as the "applicant"), who filed the application before the Tribunal was granted provisional pension by proceeding dated 04.08.2008. It reads as follows:-

2. The BSNL C.O. ND has intimated that the vigilance clearance in respect of Shri M.A. Paatel, (SL. No. 5) DE, O/o PGMTD Surat has not received from Vigilance Cell of BSNL and therefore the officer shall be given only provisional pension and the DCRG and CVP shall be withheld till the conclusion of the vigilance/ disciplinary case as per CCS (Pension) rules 1972. 2

4. Copy of the charge relinquishing report may be sent to this office in respect of all concerned.” Though, the Anti-Corruption Bureau (hereinafter referred to as the "ACB") had registered a case against the applicant, the investigating officer, however, had found no evidence against him. Investigating officer had submitted A-summary before the Principal District Sessions, Judge, Banaskantha, Palanpur, who refused to accept the summary. The State of Gujarat thereupon challenged the order. On 30.03.2012 the criminal revision application, filed by the State, was allowed according sanction to the investigating officer to file A-summary report before the trial Court. The applicant applied for interest on pensionary benefits i.e. DCRG and CVP, which, was rejected, on the basis that the criminal revision petition, filed by the State, against the order of the trial Court refusing to accept the A-summary was disposed of and that after the order of the High Court 3 and Vigilance clearance the amounts were paid. He approached the Tribunal and the Tribunal directed payment of interest. The High Court in the writ petition, filed by the appellants, has reasoned that on 01.08.2008 (the applicant was to retire on superannuation on 31.07.2008), there were no criminal proceedings against him. The High Court, inter alia, held as follows:

4. This we understand to mean that the High Court takes the view that the investigating officer submitted A-summary report, which is initially not accepted by the District Court which on revision by the State was directed to be accepted by the High Court. The report submitted by the agency, finding no material against the applicant, would date back to the date on which the report was submitted which would further mean that as on the date when the applicant retired, there was no criminal proceeding against the applicant. Thereafter, the High Court reasoned that there is a delay of huge period and the applicant was given clearance by the Vigilance that there was no case pending as the State has already filed A-summary 5 in the ACB trap case. There was no disciplinary action taken by the State. It was against Article 14 of the Constitution of India and the interest also was found not unreasonable. The High Court, in the petition filed under Article 227, found no infirmity in the order of the Tribunal and dismissed the same.

7. It is his contention that in so far as judicial proceeding was pending against the applicant and the same came to be disposed of only in the year 2012, applicant cannot claim interest as the applicant is not even entitled to commutation of pension as is 6 clear from Rule 4 of the Commutation Rules. He further submits that the District and Sessions Judge did not accept the A-summary report which led to the revision before the High Court in the year 2007 and the revision petition was pending as on 01.08.2008 when the applicant superannuated. Therefore, there was a judicial proceeding and this disentitled the applicant to CVP within the meaning of Rule 4. It is the further case that due to the pendency of the vigilance clearance, DCRG and CVP was withheld and only provisional pension was granted vide order dated 04.08.2008 and later sanction was accorded for provisional pension vide order dated 02.09.2008. When the criminal revision was allowed by the High Court and the request for summary-A was allowed by judgment dated 30.03.2012, the respondent No.1 was accorded vigilance clearance and vide order dated 25.10.2012, approval was granted to regularize his pension and to release other retirement benefits. Thereafter, it is the case of the appellants that, as seen from the written submissions, by order dated 17.10.2012 the applicant was permitted to retire on attaining the age 7 of superannuation w.e.f his date of retirement i.e. 31.07.2008. The said order was also produced before us. It is the further case that the applicant thereupon made an application dated 01.11.2012 under the Commutation Rules seeking commutation. The said application was also produced along with the written submissions. It is submitted that, accordingly, the applicant was paid the CVP and retirement gratuity vide revised pension calculation sheet dated 31.12.2012. It is the case of the appellants that the application made for commutation by the applicant was within the period of one year, as contemplated in Rule 13(1) proviso (a). CVP is only an advance payment of pension and does not accrue as of right and is governed by the relevant Rules. Applicant was paid provisional pension which is the maximum admissible pension since his retirement and there was no monetary loss.

15. The above discussion relate to the persons who are eligible to commute and the pension which qualify. As we have noted ordinarily by the time the person is to retire, papers are to be got ready so that he becomes entitled to the CVP. Thus, if application is made and if all goes well, a person eligible, on his applying, as provided in the Rules, would become entitled to the pension without delay after the retirement.

(a) in the case of an applicant who is drawing his pension from a treasury or Accounts Officer, the reduction in the amount of pension on account of commutation shall be operative from the date of receipt of the commuted value of pension or at the end of three months after issue of authority by the Accounts Officer for the payment of commuted value of pension, whichever is earlier, and 25

(Emphasis Supplied) 30

is allowed. Accordingly, present revision application is allowed. Rule is made absolute to the aforesaid extent. Muddamal currency note be confiscated to the State."

We make it clear that we are not pronouncing about the liability to interest on DCRG amount which is not subject matter of controversy before us and the direction to pay interest on gratuity is not being interfered with.

47. In the light of this, we are of the view, the appeal is to be allowed as above. We do so. The impugned order will stand set-aside and the order of the Tribunal directing payment of interest on CVP shall stand set-aside. No order as to costs.