A.S. SASTRY versus CHIEF COMMNR. OF INCOME TAX AND ORS.

Citation: [2007] 4 S.C.R. 245 · Decided: 20-03-2007 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Disposed off
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Judgment (excerpt)

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A 
A.S. SASTRY 
v. 
CHIEF COMMNR. OF INCOME TAX AND ORS. 
MARCH 20, 2007 
B 
[DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.] 
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Service Law: 
Pension-Petition filed by pensioner before his retirement from service c 
in Central Administrative Tribunal against charges in a departmental inquiry-
Filing of a petition before High Court for directions to CAT for early hearing-
High Court directing CAT to consider the request of the incumbent for early 
hearing of the matter and also directed the authorities to release pension-
CAT declined to grant early hearing nor pension was released by the D 
authorities-On appeal, Held: Tribunal is directed to dispose of the matter 
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within two months-Authorities are directed to release pension and also to 
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make payment of arrears of pension-In regard to the permission to travel 
abroad to meet other family members as sought by the incumbent before this 
Court, incumbent may file an application before the Tribunal seeking such 
permission-Tribunal is also directed to dispose of the same at the earliest E 
in accordance with law. 
AppeJ•ant was retired from service on 30.11.2005. Before his 
retirement, in a departmental inquiry charges were framed against him, which 
were challenged by the incumbent in the Central Administrative Tribunal 
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(CA 1). Since then. the petition is pending in CAT. He also made a prayer before F 
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the High Court for directions to CAT for expeditious disposal of the matter. 
High Court directed the authorities to release his pension and CAT to consider 
his request for early hearing. In spite of directions by the High Court, CAT 
was not inclined to grant early hearing in the matter. Hence the present appeal. 
Disposing of the appeal, the Court 
G 
HELD: 1.1. The Central Administrative Tribunal is directed to take up 
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OA No.788/2005, which is pending before it, on priority basis and dispose of 
the same within two months from the date of receipt of a copy of the Order 
245 
H 
246 
SUPREME COURT REPORTS 
(2007] 4 S.C.R. 
A from this Court. !Para 411247-B-CJ 
1.2. Respondent-authority is directed to immediately arrange to pay the 
entire arrears of pension to the incumbent since his retirement from 8ervice 
and continue to pay the pension. I Para 511247-C-DJ 
B 
1.3. Request of the incumbent to travel abroad to see the members of 
his family was not accepted by the Tribunal during the pendency of the 
proceedings. In this connection, the Tribunal is directed that if the matter is 
not disposed of within two months as directed by this Court, the incumbent 
may also make an application to the Tribunal seeking permission to travel 
C abroad and if such an application is filed, the same shall be disposed of on 
merits and in accordance with law. (Para 6) (247-D-El 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1527 of2007. 
From the final Judgment and Order dated 17.4.2006 of the High Court 
D of Judicature of Andhra Pradesh at Hyderabad in Writ Petition No. 7369 of 
2006. 
TL.V. Iyer, G. Ramakrishna Prasad and Suyodhan Byrapaneni for the 
Appellant. 
E 
Gp. Capt. Karan Singh Bhatti, B.V. Balaram Das and Shweta for the 
Respondent. 
The Judgment of the Court was delivered by 
DR. AR. LAKSHMANAN, J. I. Leave granted. 
.Ai-
F 
2. Heard Mr.T.L.V.Iyer, learned senior counsel for the appellant and 
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Gp.Capt.Karn Singh Bhatti; learned counsel for the respondents. 
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3. We h_ave perused the order impugned in this appeal. 
4. According to the appellant, he is retired from service on 30.11.2005. 
G He is facing a departmental inquiry and the same is penciing for a very long 
time without being finally disposed of. He has also challenged the charges 
framed against him and the said case is also pending before .the Central 
Administrative Tribunal, Hyderabad. Before the High Court, he also made a 
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prayer for expeditious disposal of the matter pending before the Central 
H Administrative Tribunal. The High Court directed the Central Administrative 
A.S. SASTRY "· nuEF COMMNR. OF INCOME TAX [LAKSHMANAN,J.] 
247 
Tribunal to consider the request made by the appellant and dispose of the A 
matter at an early date. Thereafter, an application was filed before the Tribunal 
to expedite hearing which was disposed of on 20.03.2006 stating that there 
were large number of matters pending prior to the OA filed by the appellant 
and, at that stage, it was not inclined to grant early hearing in the matter and 
that the applicant may renew his request for ea
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