Case Note & Summary
The case involved an appeal by a retired employee challenging the prolonged departmental inquiry against him and the non-payment of his pension. The appellant, who retired on 30.11.2005, faced a pending inquiry and had approached the Central Administrative Tribunal, Hyderabad, for expeditious disposal. The Tribunal had previously declined to expedite the hearing, citing a backlog of cases. The High Court had directed the Tribunal to consider the appellant's request for early hearing. The Supreme Court found the Tribunal's reasoning unacceptable, given the appellant's retirement status, and directed the Tribunal to prioritize the case and resolve it within two months. Additionally, the court noted that the High Court had ordered the payment of pension during the inquiry, which had not been complied with. The Supreme Court mandated the immediate payment of all arrears of pension and continued payment thereafter. The court also allowed the appellant to seek permission to travel abroad if the inquiry was not resolved within the stipulated time, ensuring that any such request would be considered on its merits. The appeal was disposed of without costs.
Headnote
A) Administrative Law - Departmental Inquiry - Expedited Hearing - Central Administrative Tribunal, 1985 - The court directed the Central Administrative Tribunal to prioritize the appellant's case and dispose of it within two months due to the prolonged pendency of the inquiry after retirement. The Tribunal's reasoning for delay was deemed unacceptable, necessitating immediate action (Paras 5-6). B) Pension Law - Payment of Pension - Central Administrative Tribunal, 1985 - The court ordered the respondent to pay the entire arrears of pension to the appellant during the pendency of the inquiry, emphasizing compliance with the High Court's directive. The failure to comply with pension payment was addressed with immediate effect (Paras 7-8).
Issue of Consideration
Whether the Central Administrative Tribunal should expedite the hearing of the appellant's case and whether the pension payment during the inquiry should be enforced.
Final Decision
The Supreme Court directed the Central Administrative Tribunal to prioritize the appellant's case and resolve it within two months. The court also ordered the immediate payment of all arrears of pension and continued payment thereafter, allowing the appellant to seek permission to travel abroad if the inquiry was not resolved in time.
Law Points
- Expeditious disposal of cases
- Departmental inquiry
- Pension payment
- Central Administrative Tribunal
- Right to travel
