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2014 (3) TMI 1046 - Tri - Central ExciseNegligence and complete lack of devotion to duty - applicability of Rule-9 of the CCS(Pension) Rules, 1972 - Held that:- From perusal of provision of Rule-9 as well as findings of the disciplinary authority, it is clear that the applicant has been found guilty on the ground of negligence and complete lack of devotion to duty. Thus, the allegation of the applicant that the grounds taken in his report were not considered by the disciplinary authority while imposing the punishment is not valid as the disciplinary authority while coming into conclusion has elaborately discussed the IO's report, disagreement note as well as contention of the applicant. As this Tribunal cannot sit as a appellate forum on the fact findings of the disciplinary authority , we cannot interfere with the findings of the disciplinary authority as per decision of Hon'ble Apex Court in the case of Nand Kishore Prasad Vs. State of Bihar reported in (1978 (4) TMI 235 - SUPREME COURT) wherein it is held that standard of proof required in disciplinary proceeding is preponderance of probability and not proof beyond reasonable doubt as in a criminal case. In the instant case, the disciplinary authority while coming into conclusion has given his reasoning and raised reasonable doubt and thereafter come into conclusion that though there may not be any ulterior motive but there is clear negligence and devotion of duty on the part of the applicant. Thus, the findings of the disciplinary authority cannot be termed as perverse. Accordingly, we do not find any reason to interfere with the decision of the Disciplinary Authority. With regard to interest on the amount of gratuity, leave encashment and commutation of pension, which was due at the time of retirement, we are of the opinion that as per Rule-9 , the President reserves the right of withholding pension or gratuity or both, either in full or in part, or withdrawing a pension in 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 , if in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service. As in the instant case, the President has only imposed penalty of 30% of monthly pension for five years under Rule-9, but no adverse order was passed with regard to gratuity, leave encashment etc., we hold that the gratuity and leave encashment are due from the date the applicant was allowed to superannuate and if any payment is made thereafter is liable for interest. Thus, the applicant is entitled for 8% interest on the due amount of gratuity and leave encashment from the date of superannuation till the date of final payment. However, interest of commutation of pension is not admissible as it has to be calculated on the basis of final order.
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