Case: Union of India (UOI) through General Manager, North Western Railway and Dy. Chief Mechanical Engineer (C and W), North Western Railway Vs Central Administrative Tribunal, Jaipur Bench and Gopal Krishan Sharma S/o Shri Har Prasad Sharma. Rajasthan High Court
| Judges | R.M. Lodha and M.C. Sharma, JJ. |
| Issue | Railway Property (Unlawful Possession) Act, 1966 - Sections 3 |
| Judgement Date | September 10, 2007 |
| Court | Rajasthan High Court |
Order:
R.M. Lodha, J.
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Gopal Krishan Sharma-respondent No. 2 herein was implicated in a case for the offence punishable under Section 3 of Railway Property (Unlawful Possession) Act, 1966 some where in the month of September, 1993. By the order dated 22nd September, 1993, he was suspended. The suspension order was revoked on 4th November, 1993. He retired on superannuation as Shop Superintendent (planning) on 31st December, 1993. Since he was implicated in a criminal case and that case was pending before the Court of Special Judicial Magistrate (Railways) Ajmer, provisionally the pension was sanctioned by the order dated 7th January, 1994. Despite his representation, he was denied regular pension and gratuity. That compelled him to approach the Central Administrative Tribunal. By its order dated 23rd June, 2000 the Central Administrative Tribunal granted the Original Application and directed that he be paid regular pension, gratuity and other retiral benefits. It is this order which is impugned in the present writ petition.
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The counsel for the petitioners would urge that the Central Administrative Tribunal did not properly appreciate the provisions contained in the Railways Services (Pension) Rules, 1993, particularly Rules 9 & 10 thereof and thus, the impugned order is liable to be set-aside.
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The counsel for the respondent No. 2 did not dispute that when the order dated 23rd January, 1999 denying him regular pension, gratuity and other retiral benefits came to be passed, the criminal case against the respondent No. 2 was pending. He, however, placed before us the certified coy of the order dated 28th August, 2001 passed by the Sessions Judge (Special Judge, Scheduled Caste/Scheduled Tribe), Ajmer whereby the respondent No. 2 was discharged from the criminal case. He submitted that the consideration of the matter by the Central Administrative Tribunal was proper and no interference was called for in the said order.
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Rule 9 of the Railway Services (Pension) Rules, 1993 (for short, `Pension Rules, 1993) empowers the President to withhold or withdraw pension of the Railway Employee. It provides thus:
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Right of the President to withhold or withdraw pension.-(1) The President reserves to himself the right of withholding a pension or gratuity, or both, either full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the...
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