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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.43819/2019 (S-CAT) BETWEEN:
UNION OF INDIA THROUGH THE FINANCE SECRETARY MINISTRY OF FINANCE, DEPT. OF REVENUE GOVT OF INDIA, NEW DELHI-110001
PR. CHIEF COMMISSIONER OF INCOME TAX KARNATAKA & GOA REGION C.R. BUILDING, BENGALURU-560001
THE COMMISSIONER OF INCOME TAX(ADMN) O/O THE PR.CCIT KARNATAKA & GOA REGION C R BUILDING, BENGALURU-560001
THE ADDL. COMMISSIONER OF INCOME TAX(HO) O/O THE PR.CCIT KARNATAKA & GOA REGION C R BUILDING, BENGALURU-560001
THE DY.COMMISSIONER OF INCOME TAX(HQ) O/O THE PR.CCIT KARNATAKA & GOA REGION C R BUILDING, BENGALURU-560001 …PETITIONERS (BY SRI.B.PRAMOD, ADV.,)
AND:
T C GUPTA S/O GYAN CHAND GUPTA AGED ABOUT 64 YEARS
R/O S-77, GOLDEN ENCLAVE OLD AIRPORT ROAD BENGALURU-560017 RETIRED JOINT COMMISSIONER OF INCOME TAX, BENGALURU
THE ZONAL ACCOUNTS OFFICER(PENSION) CBDT, CR BUILDING, BENGALURU-560001 … RESPONDENTS (BY SRI.T.C.GUPTA- R-1/PARTY-IN-PERSON SRI.H.JAYAKARA SHETTY, CGC FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.01.2019 ANNEXURE-A PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU IN O.A.NO.170/0001619/2018 AND DECLARE IT TO BE ILLEGAL AND ARBITRARY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA J., MADE THE FOLLOWING:
ORDER
The present writ petition has been filed against the order dated 24.01.2019 passed by the Central Administrative Tribunal, Bangalore Bench, Bengaluru, in Original Application No.170/0001619/2018 (T.C.Gupta v. The Union of India and others). 2. The facts of the case reveals that being aggrieved by non-payment of provisional pension, the petitioner has preferred the original application before the Central Administrative Tribunal (hereinafter referred to as ‘the Tribunal’) and the Tribunal has directed payment of pension.
Learned counsel for the Union of India has fairly stated before this Court that as provisional pension is being paid and as departmental enquiry is pending, the Department shall take appropriate steps in accordance with law keeping in view the Pension Rules after finalization of the departmental enquiry for payment of Regular Pension. He is aggrieved only in respect of the cost inflicted upon Union of India. Though there is an opposition on behalf of the respondent-employee in respect of waiver of cost, however, keeping in view the totality of the circumstances of the case as there was no intentional delay on the part of the Department to withhold the pension, the imposition of cost deserves to be waived.
Accordingly, the order of the Tribunal dated 24.01.2019 only to the extent of imposition of cost is concerned is hereby set aside. Writ appeal is partly allowed. Pending IAs., if any, stand disposed of.
Sd/- JUDGE
Sd/- JUDGE