C.W.P. No. No. 15798 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. No. 15798 of 2008 DATE OF DECISION: 07.07.2011 Pyare Lal ..........Petitioner Versus Punjab State Civil Supplies Corporation Ltd. & Ors. ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Munish Gupta, Advocate for the respondent. Ms. Jaspal Kaur Gurna, Advocate for the respondents. **** DAYA CHAUDHARY, J. The present petition under Article 226 of the Constitution of India has been filed for quashing the clause-2 of office order dated 13.4.2006, copy endorsed vide endst No. Amla-10(687)-2006/1239-60 dated 20.4.2006 vide which the retiral benefits of the petitioner has been withheld. Vide order dated 27.9.2010, learned counsel for the respondents was directed to furnish particulars with regard to status of the on going domestic inquiry as well as status of civil suits filed against the petitioner. Subsequently vide order dated 21.3.2011, the status of five chargesheets and six recovery suits was to be verified by the learned counsel for the petitioner but nothing has been placed on record with regard to status of the chargesheets and the recovery suits. Learned counsel for the petitioner submits that the case of the C.W.P. No. No. 15798 of 2008 (2) petitioner is squarely covered by the Full Bench judgment of this Court in Dr. Ishar Singh Vs. State of Punjab and another 1994 (3) RSJ 543 and Division Bench judgment of this Court in Gurdial Singh Vs. Punjab State Civil Supplies Corp. Ltd. and others passed in C.W.P. No. 7041 of 2007 on 26.8.2008 as only the amount of gratutity can be withheld and not other retiral benefits. Retiral benefits have been released by the respondents to those employees against whom many cases of embezzlements were pending. Learned counsel for the respondents has also not disputed the contention raised by the learned counsel for the petitioner. She further submits that huge amount has been embezelled as many cases are pending and chargesheet has been issued in some of the cases and some recovery suits are also pending. Heard the arguments advanced by learned counsel for the parties and have also gone through the documents available on the record. The grouse of the petitioner in the present petition is that his retiral benefits have been withheld by respondent No.1 whereas the retiral benefits except the gratutity cannot be withheld. After hearing the arguments of the learned counsel for the parties and keeping in view the settled position of law as has been held by Full Bench of this Court in the case of Dr. Ishar Singh's (supra), I am of the view that Government has no right to withheld or postopone the pension or other retiral benefits except gratutity during the pendency of inquiry. Accordingly, the respondents are directed to make payment of retiral benefits except gratutity amount within a period of two months from the date of receipt of copy of the order. Disposed of accordingly. July 07, 2011 (DAYA CHAUDHARY) pooja JUDGE C.W.P. No. No. 15798 of 2008 (3) Note:-Whether this case is to be referred to the Reporter .......Yes/No