C.W.P. No. 5382 of 1996 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5382 of 1996 Date of Decision 13.09.2010 Krishan Gopal Khanna -----Petitioner Versus State of Haryana and another ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR Present: None for the petitioner. Mr. Rameshwar Malik, Addl. AG, Haryana for the respondent-State 1. To be referred to the Reporters or not? Yes 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The petitioner, Shri Krishan Gopal Khanna was compulsorily retired from service as Sub Divisional Officer on 6.3.1991 when he was just over 56 years of age. By a separate order his C.W.P. No. 11391 of 1992 challenging the order of compulsory retirement has been dismissed today itself. The instant petition has been filed for issuance of direction for release of retiral benefits to him, which have been withheld by the respondent-State. It appears that 100% provisional pension was sanctioned in favour of the petitioner yet other benefits like leave encashment, gratuity etc. were withheld. In the written statement, stand taken by the respondents is that the charge-sheet was pending against him. However, there is C.W.P. No. 5382 of 1996 -2- no detail about those charges nor the learned State counsel could apprise me whether any of the charges were proved against him or the charge-sheets have been withdrawn. In the replication filed on 4.10.1996, the petitioner asserted that no enquiry has been held and the charges have remained unsubstantiated. Be that as it may. The fact remains that until and unless charges are proved in a regular departmental enquiry and loss to the public exchequer has been caused only then the punishment could be imposed upon an employee in accordance with Rule 2.2(b) of the C.S.R. According to the aforesaid Rule, a cut in pension could impose, if the enquiry has continued after retirement. Moreover, on the basis of similar material, the petitioner has already been compulsorily retired and therefore, I am of the view that the pensionary benefits payable to the petitioner cannot be withheld and same be paid to him within a period of three months from the date of receipt of a copy of this order. The petitioner shall be entitled to interest at the rate of 8% per annum from the date the amount was payable till the date of payment. The writ petition is disposed of. (M.M. KUMAR) JUDGE September 13, 2010 Atul