Dr Umesh Chandra Garga vs HEALTH AND FAMILY WELFARE on 30 October 2026

1. Union of India Ministry o Welfare, Through its S 201-D, Nirman Bhawan N

2. Dr. Ram Manohar Lohi Medical Superintendent Rd, Ram Manohar Lohi Connaught Place - Delhi

(By Advocate: Mr. Jalaj Agarw

age 1 of 16 inistrative Tribunal Bench, New Delhi 24 with M.A. No. 2237/202 h day of October, 2026 g, Member (J) ed about 67 years S/o o Parma Nand Garga, nclave, Delhi-110016

...Applican ta, Ms. Priya Agarwal) Versus of Health and Family Secretary, Room no. New Delhi - 110011 ia Hospital Through Baba Kharak Singh a Hospital, Type III, 110001

...Responde

wal, Mr. Arun Mr. Sourabh Rai)

nt ents. SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

M. the Me

2. rec O.A of pra Pa ORDE Hon’ble Mr. M .A. No. 2237/2025 The present Miscellane e applicant seeking permissi emo of Parties. For the reasons state 37/2025 is allowed. The am cord. A. No. 2806/2024 In the present Original the Administrative Tribun ayed for the following relief “a) Pass an order directing per annum on the Earned L 01.07.2021 to 01.09.2022; due till the date of actual pa

b) Pass an order directing per annum on the Gratu 01.07.2021 to 11.08.2022, due till the date of actual pa

c) Pass an order directing per annum on the Comm Applicant from 01.07.2021 same became due till the da

d) Pass any other order w and proper under the facts age 2 of 16 ER (ORAL) Manish Garg, Member (J):- eous Application has been ion to place on record the a ed in the application, M mended Memo of Parties is t Application, filed under Se nals Act, 1985, the applic fs: g the Respondents to pay intere Leave Encashment of the Appli i.e the date on which the sam ayment thereof; g the Respondents to pay interes uity entitlement of the Applic i.e the date on which the sam ayment thereof, g the Respondents to pay interes mutation of Pension entitlemen to 03.08.2022. i.e the date on ate of actual payment thereof; which this Hon'ble Tribunal thin and circumstances of the case.”

- filed by amended M.A. No. taken on ection 19 cant has est at 18% cant from me became st at 18% cant from me became st at 18% nt of the which the nks is just ” SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

2. app (Ca be con Poo inv reti tha Off the (CG reti com pro file acc Cou

3. of wer pro Pa Highlighting the facts plicant submits that the ap ardiology) at RML Hospital registered under Section 3 nnection with the investig onam Vohra, Consultant (R vestigation, the applicant a ired from service on 30.06. at, upon the applicant's sup fice Order dated 06.08.202 Central Government E GEGIS), amounting to Rs. 2 iral benefits, namely, gra mmutation of pension, wer oceedings pending against t ed a Closure Report in th cepted by the learned Me urts, New Delhi, vide order Learned counsel for the the Office Order dated 06. re required to be relea oceedings. However, despit age 3 of 16 of the case, learned coun pplicant was working as a

l. An FIR bearing No. 04/2 306 of the Indian Penal Co gation into the alleged sui Radiology). During the pen ttained the age of superan .2021. Learned counsel fur erannuation, the responden 21, whereby only his entitl Employees Group Insuran 2,90,926/-, was released. Th atuity, earned leave enca re withheld on account of the applicant. Subsequently he aforesaid criminal case, etropolitan Magistrate, Pa r dated 17.12.2021. applicant further submits t .08.2021, the remaining ret ased upon closure of th te the closure of the crimin nsel for the a Consultant 2019 came to ode, 1860, in icide of Dr. dency of the nnuation and rther submits nts issued an ement under nce Scheme he remaining ashment and the criminal y, the police , which was atiala House that, in terms tiral benefits he criminal nal case, the SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

resp tim the req not

17. bel pay Ben Co Gra Ear

4. tho from pay ma clai not

5. resp He exp Pa pondents failed to release me. In this regard, the appli respondents on 17.08 questing release of his outst twithstanding the closure 12.2021, the respondents latedly and without payme yments received by the appl nefit Amoun mmutation of Pension Rs. 46, atuity Rs. 20, rned Leave Encashment Rs. 30, Learned counsel for th ough the applicant has rec m the hospital authoritie yments has not been paid to ade a representation dated iming interest on his post r t been considered till date. Opposing the grant pondents relies upon the av has also taken us through t plain the circumstances lead age 4 of 16 the said benefits within a icant also addressed variou .2021, 30.05.2022 and anding retiral dues. It is sub e of the criminal proc s released the retiral be ent of any interest. The de licant are as follows: nt Date of Rec 26,870/- 03.08.2022 00,000/- 11.08.2022 40,000/- 01.09.2022 he applicant further submi ceived his share of retirem es, however, the interest o him. In pursuance to this, t d 23.03.2023 to the respo retirement dues. However, t of relief, learned couns verments made in the coun the chronological sequence ding to the delayed release a reasonable us e-mails to 01.06.2022, bmitted that, ceedings on enefits only etails of the ceipt its that even ment benefits on delayed the applicant ondent no.2, the same has sel for the nter affidavit. e of events to of the retiral SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

ben app forw Vig reg No IPC of furt and Av com info Tan con tha bef Ho con furt com Off Pa nefits. It is submitted that, o plicant were uploaded on th warded for vigilance clea gilance Cell requested H garding the issuance of any . 04/2019 dated 07.02.201 C at Police Station North A Dr. Poonam Vohra, Con ther submits that reminder d 27.05.2021 were address venue, seeking the status of t mmunication dated 11.06 forming the hospital that th neja and Smt. Shibani M ncerning the death of Dr. P at the final report, by way fore the Court of the lea use Courts, New Delhi, nsideration, with the next da ther submitted that, in th mmunication dated 06.08.20 fice for sanction of provisio age 5 of 16 on 28.11.2020, the pension p he e-Bhavishya portal and arance. Thereafter, on 03.1 HA-I Section to furnish y charge-sheet in connectio 9, registered under Section Avenue, Delhi, in relation to nsultant (Radiology). Learn r letters dated 02.03.2021, sed to the SHO, Police St the aforesaid FIR. In respon .2021 was received from e names of Shri U.C. Garg Mehra had figured in the i Poonam Vohra. It was furth y of a Closure Report, had arned Metropolitan Magist and that the matter w ate of hearing fixed for 30.1 he absence of vigilance 021 was issued to the Pay a onal pension. Accordingly, papers of the the file was 12.2020, the information on with FIR n 306 of the o the suicide rned counsel , 29.04.2021 tation North nse thereto, a m the SHO, ga, Shri Anil investigation her intimated d been filed trate, Patiala was pending 11.2021. It is clearance, a and Accounts the Pay and SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

Acc on tha rep lear Rep Sec pro rele Ord forw vie

07. tha und Min

08. inq be

6.

14. CH Pa counts Office issued the req 09.08.2021. Learned coun at, on 28.12.2021, Dr. U.C. presentation along with the rned Patiala House Court port in FIR No. 04/2019 ction 306 of the IPC, h oceedings had consequently ease of all his retiral bene der (PPO). Pursuant theret warded to the Vigilance C ew of the applicant's represe 01.2022, the Vigilance Cel at, as per the available reco der the Directorate Gener nistry of Health and Famil 02.2019, and that the upda quiry report, if any, was req considered. Learned counsel for th 01.2022, a communication HS-IV Section, Ministry of age 6 of 16 quisite authority for provisi sel for the respondents fur Garga, former Consultant, order dated 17.12.2021 pa t, stating that the final re 9 dated 07.02.2019, regis had been accepted and t y been closed. The applica efits along with the Pensi to, on 30.12.2021, the file ell for obtaining vigilance entation dated 28.12.2021. H ll returned the file with the ords, a Committee had been ral of Health Services (D y Welfare letters dated 07. ated status of the matter, alo quired before vigilance clea e respondents further subm was addressed to the Unde f Health and Family Welf onal pension rther submits submitted a assed by the eport/Closure stered under the criminal ant requested ion Payment e was again clearance in However, on e observation n constituted DGHS) vide 02.2019 and ong with the arance could mits that, on er Secretary, fare, seeking SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

vig the wa of H pur

24. to com Hea of Sec Sec afo Vig

05. pro dul Off sub add pen pay Pa gilance clearance and the up inquiry report, if any. Sub s received from the concer Health and Family Welfare rpose of processing the 02.2022, the requisite letter the concerned Section O mmunication dated 02.05.2 alth and Family Welfare re Dr. U.C. Garga, along wi ction Office Memorandum d ction forwarded the file t oresaid communication fo gilance Cell issued the 07.2022. On 06.07.2022, th ocessing of the pensionary/r ly signed pension papers w fice on 14.07.2022 for fu bmitted that a communic dressed to the Pay and Acco nsion had been sanctioned yment towards commutation age 7 of 16 pdated status of the matter bsequently, an e-mail dated rned Section Officer, CHS- e, seeking details in Annex vigilance clearance. Acco r along with Annexure-I wa Officer. Thereafter, on 06 022 was received from the egarding vigilance clearanc ith a copy of the Ministry dated 07.04.2022. On 10.05 to the Vigilance Cell alon or necessary action. Eve vigilance clearance ce he Medical Superintendent a retiral benefits of the applic were forwarded to the Pay an further necessary action. I cation dated 20.07.2022 ounts Office, intimating tha to the applicant up to Jun n of pension was thereafter r, along with d 10.02.2022 IV, Ministry xure-I for the ordingly, on as forwarded 6.05.2022, a e Ministry of ce in respect y's Vigilance 5.2022, HA-I ng with the entually, the ertificate on approved the cant, and the nd Accounts It is further was again at provisional ne 2022. The made by the SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

Pay resp Cer

04. of D Acc wa cor

31. Du

03. pay req resp pro

7. of foll Pa y and Accounts Office on pondents further submits th rtificate on 03.08.2022, pu 08.2022 was issued confirm Death-cum-Retirement Gra counts Office on 10.08.202 s also issued regarding relea rresponding payment was m 08.2022. It is, thus, conten ues Certificate to the concern 08.2022 and that, in acco yment of gratuity could quisite No Dues Certificate pondents contend that th omptly thereafter. During the course of he Proceedings dated 03.09 lowing directions: “2. Learned proxy couns instructions regarding the d for the respondents that as p 02.08.2022 whereas in the number 14 is blank.” age 8 of 16 n 02.08.2022. Learned cou hat the applicant submitted ursuant to which an Office ming the clearance. Thereaf tuity (DCRG) was made by

22. An Office Order dated ase of earned leave encashm made by the Pay and Accoun nded that the applicant furni ned Administrative Departm ordance with the applicable be released only after ob e from the applicant. Acco he payment of DCRG w earing, it was noticed that, .2026, this Tribunal had el for the applicant is direc discrepancy pointed out by the le per the records the NOC was gi e NOC furnished by the applic unsel for the his No Dues Order dated fter, payment y the Pay and d 29.08.2022 ment, and the nts Office on ished the No ment only on e procedure, btaining the ordingly, the was released vide Record passed the cted to obtain earned counsel iven to them on cant the serial SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

8. bee Du Pa In compliance with the en placed on record by the ues Certificate. The same is r age 9 of 16 aforesaid direction, a clar e applicant along with the reproduced hereinbelow:

rification has original No

SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

9. req

08. aro bla dat par

10. for Pay com It i tha ow con reti

11. jud Ha inte

Pag A perusal of the aforesa quisite clearances from vario 07.2021 and 19.07.2021. ound Column No. 14 of the ank and was specifically ad ted 03.09.2026. We shall d rt of this order.

In rejoinder to the argu the respondents, learned co y and Accounts Office mmunication dated 27.07.20 s, therefore, contended that at the No Dues Certificate wing to the alleged non-ha nsequence and cannot justify iral dues.

Learned counsel for th dgment of the Hon'ble Sup aryana and Another, (2008 erest on delayed payment of ge 10 of 16 aid No Dues Certificate rev ous departments were recor The controversy, howe said certificate, which was dverted to in the Record of deal with this aspect in the uments put forth by the lear ounsel for the applicant sub had already been requ 022, to release the admissib t the subsequent plea of the e was furnished only on anding over of the keys, fy the delay in processing th he applicant places relianc preme Court in S.K. Dua ) 3 SCC 44, in support of h f retiral benefits.

veals that the rded between ver, centres s found to be Proceedings e subsequent rned counsel bmits that the uested, vide le payments. e respondents 03.08.2022, is of little he applicant's ce upon the a v. State of his claim for SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

12. to pay dep Go Go rea Pag

Learned counsel for the Rule 68 of the CCS (Pen yment of interest on delay partmental or judicial p vernment servant on th vernment servant is subseq ady reference, the relevant p “

68. GOVERNME

(1) Admissibility of intere judicial/departmental proce

1. Under the rules, gratuity case of a Government serv finalizing pension and deat onwards

2. Where disciplinary or j servant are pending on the d the conclusion of the pro thereon. The gratuity if allo on the conclusion of the pro the date of issue of orders by

3. In order to mitigate the h the conclusion of the pro decided that the interest on also be allowed in their instructions. In other words have fallen due on the da purpose of payment on in benefit of these instructions Government servants who d proceedings against them consequently dropped. ge 11 of 16 e applicant has also drawn m sion) Rules, 1972, which yed release of gratuity in proceedings are pending he date of his retiremen quently fully exonerated. Fo provision is reproduced here ENT OF INDIA’S DECISIONS est on gratuity allowed after eedings - y becomes due immediately on ant dying in service a detailed th gratuity has been laid down judicial proceedings against a date of his retirement. no gratui ceedings and the issue of the owed to be drawn by the compe oceedings will be deemed to have y the competent authority. hardship to the Government ser oceedings are fully exonerated n delayed payment of retiremen cases. in accordance with s, in such cases. the gratuity wil ate following the date of retir nterest on delayed payment of s will however not be available die during the pendency of judici m and against whom pro my attention provides for cases where against a nt and the or the sake of ein below: S conclusion of retirement. In d time-table for n vide Rule 77 a Government ity is paid until e final orders etent authority e fallen due on rvants who. on

d. it has been nt gratuity may the aforesaid ll be deemed to rement for the f gratuity. The to such of the ial/disciplinary oceedings are SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

13. my und

14. per que ent and we app to C ava lear Reg

02. Ho app wh Pag

Learned counsel for th y attention to the Office O der: “No Dues Certificate in r Consultant (Radiology) of various departments of thi against Dr. Umesh Chand time of retirement on atta 30.06.2021 except Govt. Acc

We have heard learned rused the pleadings and mat estion that arises for cons titled to interest on account d, if so, the period for which may advert to the No Du plicant. As noticed hereinab Column No. 14 thereof, wh ailable with the responden rned counsel for the respon gistrar was available again 08.2022, and, therefore, the wever, we also take no pearing below the signatur hich reads as follows: ge 12 of 16 e respondents, in response rder dated 04.08.2022, wh respect of Dr. Umesh Chandr f this hospital has been obtai is hospital and there is nothin dra Garga, Ex-Consultant (Rad aining age (65 years) of super commodation.” d counsel for the parties a terial available on record. T sideration is whether the of delayed release of his re h such interest is payable. A ues Certificate placed on re bove, the controversy prim hich was stated to be blank nts. During the course of ndents clarified that the sign nst the said column, beari e column could not be treat ote of the handwritten re of the Registrar, dated e, has drawn hich reads as ra Garga, Ex- ined from the ng outstanding diology) at the rannuation on and carefully The principal applicant is etiral benefits At the outset, ecord by the marily relates k in the copy f arguments, nature of the ing the date ted as blank. endorsement 14.07.2021, SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

15. Reg issu the end app the oug dat bey wo con cas

16. reti pre resp sub reg lear the Pag “As per direction of HS the room to PS to Director on th

A plain reading of the a gistrar had taken the view ued only upon the applican PS to the Director on his dorsement does not take in plicant had already superan requirement of handing o ght to have been assessed te of superannuation. Had yond the stipulated date and rking day, the contention o nsideration. However, such se.

We now proceed to exam iral benefits can be justifie esent case, particularly in vi pondents regarding the p bsequent requirement of o gard, the chronological seq rned counsel for the resp ir own showing, a commun ge 13 of 16 incumbent is required to submi he last date of working.” aforesaid endorsement indic that the No Dues Certific nt handing over the key of s last working day. Howev nto account the undisputed nnuated on 30.06.2021. In over the key on the last w with reference to the appli d the applicant continued d failed to hand over the ke of the respondents might h is not the factual position in mine whether the delay in r d in the facts and circumst iew of the submissions adva ending criminal proceedin obtaining vigilance clearan quence of events placed b ondents assumes significa nication dated 11.06.2021 w it the key of the cates that the ate could be f the room to ver, the said fact that the other words, working day icant's actual d in service ey on his last have merited n the present release of the tances of the anced by the ngs and the nce. In this before us by ance. As per was received SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

from tha the

28.

17. resp acc end Cel

17. and resp onl wa and sec suc can On clo tak rele Pag m the SHO, Police Station at the applicant's name had death of Dr. Poonam 12.2021, submitted a repr 12.2021 passed by the lear pondents that the Closure cepted and the criminal pro

d. Pursuant thereto, the mat ll on 30.12.2021 for obtaini

We find that, despite th d the applicant having br pondents, the requisite vig ly on 05.07.2022. The perio s substantially consumed d processing interdepartmen ctions of the respondents. ch interdepartmental corresp nnot, in the facts of the pres nce the applicant had furnish sure of the criminal proceed ke expeditious steps to co ease his admissible retiral ge 14 of 16 n North Avenue, informing figured in the investigation Vohra. Thereafter, the ap resentation along with the rned Patiala House Court, in Report in FIR No. 04/20 oceedings had accordingly tter was again referred to th ing the requisite vigilance cl he closure of the criminal rought the same to the n gilance clearance was ultim od between 30.12.2021 and in obtaining administrativ ntal communications among In my opinion, the time c pondence and administrativ sent case, be attributed to th hed the requisite informatio dings, the respondents were omplete the remaining form benefits. We are also cons the hospital n concerning pplicant, on order dated nforming the 19 had been come to an he Vigilance learance. proceedings otice of the mately issued d 05.07.2022 e clearances g the various consumed in ve processing he applicant. on regarding e expected to malities and scious of the SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

fac Rul S.K of a due of t

18. wh in adm app tha of h the Gen calc per this for

30. by imm Pag t that the applicant has reli les, 1972, as well as the jud K. Dua (supra). The aforesa a retired employee to claim es, subject to the applicable the case.

Having regard to the f hich the criminal proceeding obtaining vigilance clea ministrative processing, we plicant deserves to be grant at the applicant shall be enti his retiral benefits for the p respective dates of actual neral Provident Fund (GP culate and release the afor riod of two months from th s order. We have also consi the applicant that, sin 06.2021 and the Closure R the competent court, he mediately following his re ge 15 of 16 ied upon Rule 68 of the CC dgment of the Hon'ble Supre aid judgment recognises the m interest on delayed paym e rules and the facts and ci factual matrix, particularly gs came to an end, the subs arance and the time co e are of the considered vi ted partial relief. According itled to interest on the delay period commencing from 01 payment, at the rates appl PF). The respondents are resaid interest to the applic he date of receipt of a certi idered the contention of lear nce the applicant supera Report had subsequently be is entitled to interest fro etirement. However, we ar

CS (Pension) eme Court in e entitlement ent of retiral ircumstances the date on equent delay onsumed in iew that the gly, we hold yed payment 1.01.2022 till icable to the directed to cant within a ified copy of rned counsel annuated on een accepted om the date re unable to SURAJ BISHT SURAJ BISHT

Item No. 52 (Court-4)

acc fac con pro no j com

19. the sha cos

/sb/ Pag cept the said contention in it ts and circumstances of th ncerning the handing over o oceedings came to an end o justification for extending t mmencing from the date of

In view of the above, th aforesaid terms. All pendi all also stand disposed of ac sts.

ge 16 of 16 ts entirety, having regard to he present case, particularly of the keys and the fact that only on 17.12.2021. We, th the period of interest to the superannuation. he Original Application is di ing Miscellaneous Applicat ccordingly. There shall be n (Manish Mem o the peculiar y the dispute the criminal herefore, find entire period isposed of in tions, if any, no order as to h Garg) mber (J) SURAJ BISHT SURAJ BISHT