IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.116 of 2010 (O&M) Date of decision: 10.2.2010 State of Haryana and others. -----Appellants Vs. Faquir Chand. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Ms. Sushma Chopra, Addl.A.G., Haryana for the appellants. Mr. Anil Kshetarpal, Advocate for respondent/caveator. ----- ORDER: 1. This appeal has been preferred against judgment of learned Single Judge, directing release of retiral benefits. 2. The respondent/writ petitioner was appointed in the year 1971 and retired from service in 2008. In the year 2005, he was tried for a criminal offence under Section 306 IPC and since trial was still pending on the date of his retirement, his pensionary benefits were withheld, against which writ petition was filed. 3. Learned Single Judge held that mere pendency of criminal case was not enough to withhold the pensionary benefits LPA No.116 of 2010 unless a person is held guilty or is held to have committed misconduct in a departmental inquiry. 4. Learned counsel for the writ petitioner states that after the impugned judgment of learned Single Judge, the writ petitioner has been acquitted in the criminal case. 5. In view of the fact that there are no proceedings pending, we do not find any ground to interfere with the view taken by learned Single Judge. 6. The appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE February 10, 2010 ( ALOK SINGH ) ashwani JUDGE 2