Litigating for 40 years, acquitted employee battles for pension

Srinagar, Nov 9: Despite his acquittal by Special Judge Anti-Corruption Court Kashmir, a retired government employee, Muhammad Amin Shah continues to be in a legal tangle that started for him 40 years ago.

A division bench of the Central Administrative Tribunal (CAT) comprising M S Latif (Member Judicial) and Prasant Kumar (Member Administrative) observed it “painful” as to how the employee has lived for 40 years litigating and suffering at the hands of the government even after having earned his acquittal.

“We express our displeasure as to how the petitioner must have been making both ends meet, particularly from the date of his superannuation,” the court said.

In a case having genesis in an FIR of 1982, the accused was exonerated by the Court of Special Judge, Anti-Corruption Kashmir vide its decision dated December 31, 1998.

After earning the acquittal, the petitioner’s ordeal did not end as the State preferred an appeal before the High Court of J&K, which was dismissed on August 25, 2004.

It took five years for Shah to litigate before the High Court; thus right from 1982 to 2004, he had been litigating for 22 years.

Following the development, the Director, Consumer Affairs and Public Distribution, Kashmir, in terms of an order dated October 9, 2004, reinstated Shah along with Abdul Hamid Hajam and both were ordered to report to Chief Accounts Officer (CAO), CAPD Kashmir, who ordered to conduct an in-depth enquiry in the matter regarding the civil liability, if any, within 30 days positively.

The period of suspension of the official, as well as the other service benefits, was to be decided separately on the merits of the case after finalisation of the inquiry to be conducted by the CAO within one month.

Advocate Arif Javaid Khan, counsel for the petitioner submitted that the order was passed in the year 2004 and despite the deficit amount of Rs 80,799.80 was deposited by the petitioner, the Joint Director (Administration), CAPD, Srinagar came up with an order dated February 29, 2016, after a slumber of 12 years, wherein the period of suspension with effect from April 30, 1982 to October 9, 2004, was treated as leave whatever kind due in favour of Shah, the ex-Storekeeper Nowpora Payeen Sale Centre.

Before the tribunal where Shah assailed the order on various grounds, his counsel sought the attention of the Court to the service book of Abdul Hamid Hajam, the other similarly situated employee.

The counsel argued that the failure of the respondents in not conducting the enquiry within the stipulated period of one month and then passing an order impugned after 12 years speaks volumes about the arbitrary action.

In response to the submissions, the tribunal said, “Prima facie, at this stage, what appears is that the said action of the respondents is unfair, arbitrary and unconstitutional.”

The tribunal held that the respondents were required to have concluded the enquiry in accordance with the law within the stipulated period, while allowing the petitioner to participate in the proceedings and submit his defence and then to pass an order.

DAG Raisuddin Ganaie submitted that the case of the petitioner for the release of his full pension had already been submitted to the Accountant General’s Office.

However, Deputy Director, Administration, CAPD Kashmir, Muhammad Rafiq Bhat, submitted that there was a query from the Accountant General’s Office that the extraordinary leave sanctioned by the Director, CAPD, was not within his competence.

On asking, B A Zargar, who was present in the court and represents the AG Office, was directed to process and release the provisional pension in favour of the petitioner in the first instance, within two weeks, positively by submitting the provisional PPO order before the Court

As regards the final pension, the Commissioner Secretary, CAPD, Kashmir, was directed to pass the orders by November 15.

The tribunal observed that, given the statement, it was felt incumbent to seek the assistance of the Commissioner Secretary, CAPD, Saurabh Bhagat, so that the case of the pensioner could be resolved with due dispatch.

The DAG submitted that the incumbent commissioner Secretary was in Hyderabad in pursuance of a training course, following which the court dispensed with the presence of the official.

In the meanwhile, the case of the petitioner will also be processed for the release of his final pension and other benefits to what he is otherwise entitled in law and in the light of the recommendations made by the Director, CAPD, Kashmir, which is pending before the Commissioner Secretary, the court said.

The Court asked the Commissioner Secretary, CAPD, Kashmir, to appear in person before this court on November 25, in case the order was not complied with.

The Deputy Director (Administration), CAPD, Kashmir, has also been directed to be present.