President cannot withhold pension or gratuity of a government official unless the charges framed against him come under the ambit of grave misconduct, the Central Administrative Tribunal has held.
"Unless the language of the charge as framed or the enquiry report shows that the charge is of grave misconduct, the President cannot withhold pension or gratuity," the tribunal, comprising chairman V K Bali and vice-chairman L K Joshi, said.
The CAT passed the order on a petition filed by V T Prabhakaran, the retired scientist of Indian Agricultural Statistics Research Institute, challenging departmental proceedings and withholding of arrears benefit that was due to him after he retired on February 2009.
Prabhakaran was facing charges of posting objectionable material on the display board of the office and making false and baseless allegations against the director and other higher officials of IASRI.
"There is not even a whisper of the charges being of the nature of grave misconduct in the report of the inquiry officer," the tribunal said while quashing the departmental proceedings against the scientist.
The CAT observed that the material posted at the display board was picked up from newspapers and was already in public.
"The act of Prabhakaran may be uncalled for and not in good taste, yet it cannot be said to be an act of grave misconduct, which would merit withholding of pension or gratuity," the tribunal said.
