CWP No. 7375 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7375 of 2011 Date of Decision 02.06.2011 Union of India and others -----Petitioners Versus S.D. Jasoria and another ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vikram Bajaj, Advocate for the petitioner. Mr. Tarandeep Kumar, Advocate for respondent No.1. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition under Article 226 of the Constitution by the Union of India is directed against the judgment dated 03.12.2010 rendered by the Chandigarh Bench of the Central Administrative Tribunal, Chandigarh (for brevity 'the Tribunal') holding that there is inordinate delay on the part of the petitioners in taking decision on the enquiry report. The Enquiring Authority has submitted the enquiry report on 15.06.2010, which was forwarded to the competent authority on 24.11.2010. Accordingly direction was issued to the Union of India-petitioner to release 30% of the commutation value of the original applicant-respondent and withhold CWP No. 7375 of 2011 -2- the balance 10%. The petitioner was directed to take a decision to finalise the enquiry within a month from the date of the order i.e. 03.12.2010. 2. We have heard learned counsel at some length and are of the opinion that in view of the fact that no decision has been taken on the enquiry report till date, we are not inclined to interfere with the limited relief given by the Tribunal. However, we direct the petitioners to complete the process of enquiry by passing final order within three months i.e. on or before 05.09.2011. If no decision is taken by the aforesaid date then the original applicant-respondent shall be released all the retiral dues within a period of one month thereafter i.e. 05.10.2011 including the balance amount of commutation value of his pension etc. 3. Accordingly, the instant petition stands disposed of. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE June 02, 2011 Atul