IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 11573 of 2009 DATE OF DECISION : AUGUST 25, 2009 SMT. SATYA DEVI ....... PETITIONER(S) VERSUS THE STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. GS Sandhu, Advocate, for the petitioner(s). Mr. BS Chahal, DAG, Punjab. AJAI LAMBA, J. (Oral) Smt.Satya Devi has filed this petition under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to make immediate payment of death- cum-retiral benefits outstanding and recoverable from the respondents. It has been pleaded that the petitioner retired as Child Development and Project Officer on 30.6.2004. Disbursement of revised Provident Fund, Leave Encashment benefit and other benefits have been withheld for illegal reasons. Civil Writ Petition No. 11573 of 2009 2 Reply, on behalf of respondents No.1, 2 and 4, has been filed in Court today, which is taken on record. The stand taken by the respondents and not disputed by the learned counsel for the petitioner is that the petitioner was working as Child Development and Project Officer, Guru Har Sahai, during the year 1999. The petitioner made certain irregularities as Drawing and Disbursing Officer. On 7.8.1999, on a gazetted holiday, the official vehicle (Jeep) bearing Registration No.PB-27-9023 was got driven by a private person; namely, Nirmal Singh. The vehicle was taken by the petitioner towards Ludhiana. The vehicle met with an accident. The Government vehicle i.e. Jeep, was badly damaged. FIR bearing No.67 dated 7.8.1999 was got registered at Police Station, Dakha, Police District Jagraon. The stand taken by Surinder Singh, Chowkidar, was that the vehicle was given to the private driver as per the directions of the petitioner. The petitioner was charge-sheeted vide memo dated 26.10.1999. Regular inquiry was conducted and the petitioner was held guilty. One increment with cumulative effect was withheld vide order dated 23.7.2007. Surinder Singh, Chowkidar, was also suspended and charge-sheeted. Surinder Singh, Chowkidar, was burdened with the repair costs of the vehicle, amounting to Rs.60,000/-. It seems that Surinder Singh, Chowkidar, filed a civil suit in the court of Civil Judge (Senior Division), Ferozepur, wherein the petitioner has been impleaded as a party. Learned counsel for the respondent-State states that it would Civil Writ Petition No. 11573 of 2009 3 be an issue to be considered by the court having competent jurisdiction whether it was the petitioner who would be liable for the costs incurred on repair of the vehicle or Surinder Singh, Chowkidar, would be liable. In this view of the matter, so as to secure the interest of the respondents, a sum of Rs.60,000/- is required to be withheld from the gratuity payable to the petitioner. Learned counsel for the respondent-State further states that provisional pension would be released to petitioner. Learned counsel for the respondent-State has not been able to satisfy the Court for withholding rest of the retiral benefits. Learned counsel for the respondent-State has further not been able to justify the stand taken in the written statement to the effect that provisional pension would be released, for the time being. Learned counsel for the respondent-State states that, although the stand taken in the reply is that provisional pension would be released to the petitioner, however, considering the totality of facts and circumstances of the case, other than withholding Rs.60,000/- from the gratuity of the petitioner, rest of the retiral benefits would be released within 2 months or receipt of certified copy of this order. Learned counsel for the petitioner, in the facts and circumstances of the case, states that the grievance of the petitioner has been adequately addressed. In view of the above, the petition is disposed of. August 25, 2009 ( AJAI LAMBA ) Kang JUDGE Civil Writ Petition No. 11573 of 2009 4 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?