C.W.P. No. 7947 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 7947 of 2008 (O&M) Decided on : 28-04-2009 Dayal Singh ....Petitioner VERSUS UHBVN, Panchkula and others. ....Respondents CORAM:-HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Ms. J.K. Goel, Advocate for the petitioner. Mr. Parveen Gupta, Advocate for the respondents. SATISH KUMAR MITTAL, J (Oral). C.M. No.4464 of 2009 C.M. is allowed. Replication is taken on record. C.M. stands disposed of. C.W.P. No. 7947 of 2008 The petitioner, who retired as UDC in the office of Executive Engineer OP Division, UHBVN, Pehowa, after attaining the age of superannuation on 30.9.2003, has filed this petition under Articles 226/227 of the Constitution of India for issuing directions to the respondents to release the 100% pension and other retiral benefits along C.W.P. No. 7947 of 2008 -2- with interest, which had been withheld without any justification or reason. It is the case of the petitioner that after his retirement, out of the total retiral benefits, only 75% of pension was provisionally released because of the pendency of a charge sheet dated 2.5.2005. It is further conceded position that except the said charge sheet, which is pending for more than three years, no other show cause notice/charge sheet was pending against the petitioner at the time of retirement. Learned counsel for the respondents states that as far as the said charge sheet is concerned, the final decision shall be taken within a period of three months. In view of this statement, learned counsel for the petitioner while referring to a Division Bench judgment of this Court in B.S. Gupta vs. Uttari Haryana Bijli vitran Nigam Limited& others, (C.W.P. No.9841 of 2005), decided on 23.11.2006, states that during the pendency of the said inquiry, only the amount of gratuity can be withheld. As far as the amount of full pension and leave encashment are concerned, it has been held that the same are to be released to the employee along with interest. This legal position has not been controverted by the counsel for the respondents. In view of the aforesaid admitted factual and legal position, this petition is disposed of with a direction to the respondents to release full provisional pension to the petitioner and also the amount of leave encashment in accordance with law within a period of two months along C.W.P. No. 7947 of 2008 -3- with interest @ 8% per annum on the arrears of pension with effect from the date it was payable till the time of its payment. The respondents are also directed to take a final decision on the aforesaid charge sheet within a period of two months. The respondents can retain the amount of gratuity till the decision on charge sheet. 28th April, 2009. (SATISH KUMAR MITTAL) Monika JUDGE