CAT withholds DC’s salary for ‘wilful disobedience’

Tribune News Service

Chandigarh, October 24

The Central Administrative Tribunal (CAT) today ordered not to release the salary of Ajit Balaji Joshi, UT Deputy Commissioner, for “wilful disobedience” of its order for releasing pensionary benefits to a retired Tehsildar.

The tribunal said the Deputy Commissioner’s salary should not be released until the officer complies with its order within one month. Manish Dadwal, counsel for applicant Davinder Singh Balouria, a resident of Sector 22, had filed a contempt application in July against the officer for not complying with the directions of the tribunal.

During the last hearing, CAT had asked the Deputy Commissioner to appear in person in the court. However, the officer did not appear before the tribunal and got an exemption plea filed by UT counsel Arvind Moudgil through some other officer. However, the court dismissed his exemption plea.

In January, the court had issued directions to release the applicant’s pensionary benefits — gratuity, commutation of pension and regular pension, along with interest thereon at the rate of 9 per cent per annum from the due date till payment.  

The applicant retired in 2014 and then rendered post-retirement service for over nine months. 

The applicant has alleged that there was no departmental inquiry or criminal case pending against him on the day of his retirement. He also cleared all dues of the government and submitted a no-objection certificate (NOC).  However, his pensionary benefits were not paid to him.  The applicant was granted provisional pension, but it was also stopped during the pendency of the case.

UT counsel Arvind Moudgil had pleaded that the pension and gratuity had rightly been withheld due to pendency of the two Vigilance inquiries against the applicant.  

The applicant had filed a rejoinder saying that the benefits could not be withheld merely on the grounds of pendency of alleged Vigilance inquires, which could not be equated with departmental proceedings or judicial proceedings.

Admn in soup earlier too

October 14: CAT ordered that the UT Secretary and the Director-Principal, GMCH, Sector 32, would not draw their salaries until the Punjab and Haryana High Court’s order of granting service benefits to a GMCH assistant professor was implemented.