CWP No.203 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.203 of 2010 Date of Decision: 13.12.2010 **** Kamlesh Sharma . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Harish Sharma, Advocate for the petitioner Mr. HS Brar, Addl. AG Punjab Mr. Surinder Kapoor, Advocate for respondent No.3 ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the respondents to release his Gratuity and arrears of Commutation of Pension along with interest. (2). Briefly stated, the petitioner joined the Municipal Corporation, Ludhaina as a Clerk on 05.04.1971 and he retired from the post of Superintendent on attaining the age of superannuation w.e.f. 31.05.2008 from Municipal Corporation, Jalandhar. While rest of the retiral dues have been paid to the petitioner his Gratuity and the arrears of CWP No.203 of 2010.doc - 2 – Commutation of Pension have been withheld on the premise that a charge-sheet has been issued to him. (3). The petitioner, on the other hand, has come up with a plea that no charge-sheet has ever been served upon him. (4). Respondent No.1 & 2 have filed their reply/affidavit explaining that the petitioner was served with a charge-sheet dated 14.11.2008 through the Commissioner, Municipal Corporation, Ludhiana. (5). The Municipal Corporation, Ludhiana, however, on an information sought under the RTI Act, has vide its memo dated 18.03.2010 (Annexure P6) informed the petitioner that no charge-sheet to be served upon him, was ever received by its office from the Local Government Department. (6). From the pleadings and the material on record, it does appear that the State Government took a conscious decision and charge-sheeted the petitioner vide memo dated 14.11.2008. It also appears that the charge-sheet was actually not served upon the petitioner by the Office of Municipal Corporation, Ludhiana. (7). Be that as it may, with the assistance of learned Additional Advocate General and learned counsel representing the Municipal Corporation, Jalandhar, CWP No.203 of 2010.doc - 3 – the contents of the charges leveled against the petitioner have been gone through. None of them pertains to causing any financial loss to the State Exchequer/Corporation nor the same would even remotely allege any misappropriation or embezzlement of funds by the petitioner. That being so, there appears to be no justification for withholding the payment of Gratuity and/or the arrears of Commutation of Pension admissible to the petitioner on retirement. (8). The writ petition is, accordingly, allowed; the respondents are directed to release the Gratuity and the arrears of Commutation of Pension to the petitioner within a period of three months from the date of receipt of certified copy of this order, however, without prejudice to the charge-sheet dated 14.11.2008. A copy of the charge-sheet dated 14.11.2008 has now been handed over to the counsel for the petitioner leaving it open for the petitioner to submit his reply thereto, within a period of one month from today. (9). The disciplinary authority shall see that the proceedings are finalized as early as possible and preferably within a period of six months from the date of receipt of certified copy of this order. CWP No.203 of 2010.doc - 4 – (10). Ordered accordingly. (11). Dasti . 13.12.2010 vishal shonkar (SURYA KANT) JUDGE