IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.16039 of 2008 Date of Decision : November 19, 2010. Gurdev Singh .....Petitioner versus The Punjab State Electricity Board and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Manu K.Bhandari, Advocate, for the petitioner. Mr.Pavit Mattewal, Advocate, for the respondents. -.- 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? --- Surya Kant, J. (Oral) The petitioner seeks a mandamus to direct the respondent- authorities to allow him to join his duties in compliance to the order of re- instatement dated 17.10.2006 (Annexure P-4) and release his salary and also complete his service book etc. The respondents have filed their reply-affidavit explaining that the petitioner was placed under suspension w.e.f. 10.2.2006 and that FIR No.67 dated 22.7.2006 under Sections 409 IPC and 13 (I) C, 13 (a) of the PC Act, 1988 was registered against him at P.S.Amargarh, District Sangrur, for embezzlement of funds/store items. It is candidly acknowledged in para No.5 of the reply-affidavit that the petitioner was C.W.P.No .16039 of 2008 2 ordered to be re-instated by the Chief Engineer (South), Patiala w.e.f. 17.10.2006 (Annexure P-4). The petitioner is still facing trial in the criminal case. However, he has meanwhile retired from service w.e.f. 31.12.2008 on attaining the age of superannuation. It also appears that vide a separate order passed by the Disciplinary Authority, 5% cut in the petitioner's pension has been imposed. In the light of the above-noticed facts and circumstances as also the subsequent events, the petitioner cannot be allowed to join the service. At the same time, the respondents are obligated to complete the service book of the petitioner and release whatever retiral benefits he is entitled to as per the Rules. The writ petition is accordingly disposed of with a direction to the respondent-authorities to complete the service book of the petitioner within a period of two months from the date of receiving a certified copy of this order; determine the retiral benefits to which the petitioner is entitled to and release the same within a period of three months thereafter, without prejudice to the pending trial and/or any disciplinary action which might have been initiated by the Disciplinary Authority against the petitioner. Ordered accordingly. Dasti. November 19, 2010 (SURYA KANT) Mohinder JUDGE