WP(C) 881/2008 BEFORE HON’BLE MR. JUSTICE B K SHARMA Heard Mr. P K Tiwari, learned counsel for the petitioner as well as Ms. R Deka, learned Standing Counsel, Public Works Department, Assam. The petitioner is a retired Chief Engineer(Mechanical) of the Public Wor ks Department, Assam. He retired from service on attaining the age of superannua tion on 30th of September, 1997. His grievance is relating to non-release of Lea ve Encashment dues, which the petitioner claims to be for 240 days. Thus, by now long thirteen years have passed but yet the petitioner has not been paid the Le ave Encashment dues. In the counter-affidavit filed by the respondents a strange plea has bee n taken that since an enquiry is pending against the petitioner, in respect of p urchasing the machineries involving the World Bank fund, the petitioner would no t be paid the Leave Encashment dues. According to the affidavit based on the par ticular enquiry report, copy of which has been annexed to the counter-affidavit as Annexure-1, a report was called for from the Secretary, Committee on Estimate , ALA but no report has been furnished till date. The aforesaid enquiry report was furnished on 07.04.2001 and thus, long nine years have passed but the authority has not been taken any step on the said enquiry report. Mr. Tiwari, learned counsel for the petitioner has drawn my att ention to the contents of the enquiry report and I have gone through the same. I n the enquiry report there is nothing against the petitioner, rather it indicate s that fund was utilised with due approval of the authorities. If the respondents are in some doubts regarding involvement of the petit ioner in financial anomalies they ought to have taken immediate action after his retirement wayback in 1997. The respondents cannot seat over the matter indefin itely and thereby deprive the petitioner from the Leave Encashment dues. In view of the above, this writ petition is allowed directing the respon dents to clear the Leave Encashment dues payable to the petitioner as expeditiou sly as possible but at any rate not later than 31st August, 2010.