CWP No.17146 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17146 of 2009 (O&M) Date of Decision: 13.01.2011 **** Ramesh Kumar . . . . Petitioner VS. State of Punjab & Ors. . . . . 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. VK Sharma, Advocate for the petitioner Ms. Monica Chibber Sharma, DAG Punjab Mr. PC Goyal, Advocate for respondent No.3 ***** SURYA KANT, J. (ORAL) (1). The petitioner joined the Municipal Council, Gobindgarh -respondent No.3 as a Clerk on 24.01.1975 and has retired on attaining the age of superannuation w.e.f. 31.03.2009. Since the petitioner has been granted only 2/3rd of the provisional pension besides withholding his Gratuity amounting to Rs.1,53,350/-, he has approached this Court. (2). The only plea taken by the respondent-Municipal Council in its written statement is that it has been detected, after the petitioner’s retirement, that an octroi receipt of CWP No.17146 of 2009.doc - 2 – Rs.1565/- was ‘forged’ by him on 27.07.1996. According to the respondents, the petitioner deposited only Rs.10/- in the Municipal Council accounts as against the original receipt of Rs.1575/-. (3). During the course of hearing and on a query it is not disputed by learned counsel for respondent No.3 that no charge-sheet has been served upon the petitioner for the above-stated alleged misconduct nor there is any explanation for the inordinate delay behind attributing the said misconduct at this stage. How the ‘receipt’ has been traced out only after the petitioner’s retirement is also an intriguing question which has not been explained satisfactorily by the respondents in their counter-reply. (4). Be that as it may and without prejudice to the legal action, as may be lawfully taken against the petitioner, it hardly needs any elaboration that the petitioner’s retiral dues cannot be withheld on this pretext. (5). The writ petition is accordingly allowed; the respondents are directed to pay full pension, arrears thereof as well as the withheld amount of Gratuity to the petitioner along with interest @ 7% per annum w.e.f. 01.07.2009 till the actual date of payment within a period of two months from the date of receipt of a certified copy of this order, CWP No.17146 of 2009.doc - 3 – however, without prejudice to the action as may be taken against the petitioner in accordance with law. (6). Ordered accordingly. Dasti. 13.01.2011 vishal shonkar (S u r y a K a n t) Judge