C.W.P. No.6729 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.6729 of 2008 DATE OF DECISION: MAY 06, 2009 Suresh Kumar .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Balbir Singh, Advocate, for the petitioner. Mr.S.S. Gill, DAG, Punjab, for respondents No.1 to 3. Mr.G.S. Sandhawalia, Advocate, for respondent No.4. Mr.H.S. Sethi, Advocate, for respondent No.5. .. SATISH KUMAR MITTAL, J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for issuing direction to respondents No.1 to 4 to finalize the departmental proceedings against respondent No.5 in a time bound manner, with a further direction to them to withhold all retiral benefits of respondent No.5 till the decision of the said departmental proceedings. In the present case, when respondent No.5 was working as Executive Officer in Municipal Council, Mohali, he was charge-sheeted for irregularities, misappropriation and fraud allegedly committed in the construction of truck stand at Mandi Gobindgarh, when he was posted as such at Municipal Council, Mandi Gobindgarh. On 30.4.2008, he had C.W.P. No.6729 of 2008 -2- retired from the services of the Municipal Council, Mohali on attaining the age of superannuation. After his retirement and due to the pendency of the aforesaid departmental proceedings, which remained pending, he was paid only provisional pension and was released 75% gratuity after retaining the remaining 25% till the decision of the aforesaid departmental enquiry. In the written statement filed on behalf of respondents No.1,2 and 6, it has been stated that a regular enquiry is pending against respondent No.5, and the Enquiry Officer has already been directed by the Government vide letter dated 23.5.2008 to expedite the enquiry and submit the report to the Government. Till the completion of the enquiry, 25% amount of gratuity due to respondent No.5 has been withheld and he has only been paid provisional pension. In the written statement filed on behalf of respondent No.5, it has been stated that the petitioner is a Municipal Councilor of Municipal Council, Mohali. He has no grievance with regard to the alleged charges which pertained to the period when respondent No.5 was posted at Mandi Gobindgarh. It has been further stated that the petitioner has filed the instant petition with oblique motive and to settle the scores with the answering respondent. He submits that already respondent No.5 is being paid the provisional pension and 25% amount of his gratuity has also been withheld. Counsel for the petitioner could not dispute the factum of the direction already issued by the Government vide letter dated 23.5.2008 and further withholding 25% amount of gratuity as well as the payment of only provisional pension to respondent No.5. In view of the above and keeping in view the fact that the petitioner has no locus standi in the matter and also the fact that the C.W.P. No.6729 of 2008 -3- Government has already directed the Enquiry Officer to expedite the enquiry and submit the report to it, and till the enquiry is completed, 25% amount of gratuity due to respondent No.5 has been withheld and he has only been paid provisional pension, this Court is of the opinion that in the instant case no further direction is required to be issued particularly on the petition filed by a person, who has no locus standi and appears to have filed the petition with oblique motive. Dismissed. It is expected that the departmental enquiry against respondent No.5 will be decided expeditiously. May 06, 2009 (SATISH KUMAR MITTAL) vkg JUDGE