1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.5133 OF 2007. Prabhakar S/o Gajanan Khonde. VS Mah. Antibiotics & Pharmaceuticals Ltd., Nagpur and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. A. S. Kilor, Advocate for the petitioner. Mr. A. A. Naik, Advocate for the respondents no.1 & 2. Mr. S. K. Mishra, Advocate for Respondent no. 3. CORAM : B.P.DHARMADHIKARI AND F.M.REIS, JJ Dated : 3rd AUGUST, 2009. 1. Heard. 2. The prayer of the petitioner is that though he has retired on reaching superannuation of age, his terminal benefits are being unnecessary withheld. 3. Learned Counsel appearing for the Respondent No.1 states that the amount of gratuity and provident funds are also paid to the petitioner and unpaid salary, leave encashment etc. could not be paid because of the instructions from the Ministry not to release those payments. He however, states that there is no proposal to initiate any departmental enquiry against the petitioner and 2 no departmental enquiry is pending against him. 4. The Asstt. Solicitor General Mr. SK Mishra who appears for the respondents no.3 to 5 has stated that the respondent no. 4 & 5 are only the Investigating agencies and when they found that some recoveries may be necessary, as a part of their duty, they appraised the Government that if the amounts are allowed to be disbursed, a permanent loss may be caused to public exchequer. Upon instructions he states that actually it is for the respondents no.1 & 3 to safeguard their own interest in the matter. 5. Our attention is invited to the communication dated 14-3-2008 sent by the Section Officer in Ministry of Chemicals and Fertilizers to the Managing Director Hindusthan Antibiotics Ltd., on the same lines. He contends that the Respondent no.3 has also stated that it is for the Respondent no.1 employer to take appropriate measures in this respect. 6. We find that all the respondents have acted only with a view to protect the public interest and there are no malafides on their part. But then it cannot be forgotten that the petitioner has already retired and pension is not a condition of his service. Hence, all the 3 retiral and terminal benefits need to be given to him as early as possible. The respondent no.1 has paid substantial amount by way of gratuity and provident fund. 7. In the circumstances, we direct the respondent no.3 to take appropriate decision on the question of withholding all other amounts payable to the petitioner as early as possible and in any case within a period of 4 weeks of the receipt of copy of this order and to communicate it to the respondent no.1. 8. The Respondent no.1 is free to act upon the said decision or to take its own decision in the matter considering the facts and circumstances at hand. 9. The respondent no.1 shall take that decision within further period of 2 weeks. Thus, if ultimately it is decided that the amount needs to be paid to the petitioner, same shall be disbursed to him as early as possible within a further period of four weeks thereafter. If it is decided that the amount cannot be paid to the petitioner he shall be informed accordingly in writing with the reasons therefor within two weeks. 10. Learned Counsel for the petitioner states that as the amounts have been withheld without any reason, reasonable interest should 4 be given to the petitioner. 11. We do not find any malafides on the part of any of the respondents and the petitioner himself is aware of the circumstances in which the amounts could not be paid to him. Hence, request for interest is denied. 10. In view of these directions, nothing survives in the petition. 11. Writ Petition is disposed of with above directions. No costs. CIVIL APPLICATION NO.2136 OF 2008. Learned Advocate for the respondent no.1 and 2 seeks leave to withdraw the present application in view of the order passed above in writ petition. Civil Application is allowed to be withdrawn. Steno copy of the order be supplied to the learned Asstt. Solicitor General as per rule. JUDGE JUDGE /Muley/