CWP No.21456 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 21456 of 2010 Date of Decision: 09 November,2011 Dr. Ravinder Mathur .... Petitioner Versus State of Haryana & others ..Respondents CORAM:HON'BLE MR. JUSTICE MAHESH GROVER. Present: :-Mr. R.K Malik, Advocate with Mr. Kohal Sharma, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. MAHESH GROVER. J. (ORAL). Learned counsel for the petitioner submits that the grievance of the petitioner is that he retired on 31st August, 2010, but his pensionary benefits have not been released. During the pendency of the petition his pension and amount of leave encashment has been released but the amount of gratuity and commutation of pension has been withheld by the respondents on the premise that disciplinary proceedings are pending against the petitioner. Learned counsel for the petitioner contends that the respondents cannot withhold the gratuity and commutation of pension even though there are disciplinary proceedings are pending against the petitioner. He further contends that the petitioner has submitted reply to the charges against him in the disciplinary proceedings but the proceedings have not been concluded so far. Learned counsel for the respondent on the other hand has CWP No.21456 of 2010 2 justified the withholding of an amount by pleading that the delay is not inordinate and that in view of the disciplinary proceedings they are very well within the right to withhold the amount of gratuity and commutation of pension. On due consideration of the assertions and counter assertions made before this Court, I am of the opinion, that the respondents are not justified in withholding the benefits of commutation of pension. In view of the categoric observations of the Full Bench reported in Dr. Ishar Singh Vs.. State of Punjab & another 1994 (3) RSJ 543 while inflicting Rule 2.2 (b) of the Punjab Civil Services Rules, it was held as below:- i) The Government has no right to withhold or postpone pension or the payment on account of commutation of pension. The State is bound to release 100 per cent pension at the time of superannuation, may be provisionally. ii) The Government can withhold the gatuity or other retiral benefits except pension or postpone payment of the same during pendency of an enquiry. iii)Pension cannot be adversely affected before a finding of guilt is returned. iv)The Government can initiate departmental enquiry after long lapse before retirement, rather there is no limitation for initiating the departmental enqiury from the date of incident before retirement. The delay and the explanation for the same may reasonable be taken note of keeping in view its liklihood to cause prejudice to the delinquent if CWP No.21456 of 2010 3 the enquiry is challenged in appropriate proceedings. v) The enquiry proceedings cannot be quashed solely on the ground of long pendency. vi)There is no effect of superannuation on the pendency of the enquiry proceedings. vii)The recovery of the Government dues can be made from gratuity or other retiral benefits only. The writ petition be listed before the signle Bench for disposal. In view of the above, present petition is allowed. The respondents are directed to release the amount qua commutation of pension within a period of six months from the date of receipt of copy of the order. Insofar as the proceedings against the petitioner are concerned needless to say, it is expected that the respondents will complete the same as expeditiously as possible so as to enable the petitioner to get the remaining benefits in the eventuality of his being exonerated. 9.11.2011 (MAHESH GROVER) aarti JUDGE