HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.21160 OF 2010 ORDER: Petitioner was employed in the Andhra Pradesh Dairy Development Co-operative Federation Limited, 2nd respondent herein, and he retired as Senior Engineer on 31-07-2005. Before his retirement, the 2nd respondent initiated disciplinary proceedings by serving a charge sheet on 27-11-2004. The proceedings continued even after the date of retirement of the petitioner and ultimately, they ended in closure. Even while such proceedings were pending, the 2nd respondent initiated proceedings under Section 60 of the A.P. Cooperative Societies Act, 1964 against the petitioner. On that basis, an amount of Rs.1,60,000/- was withheld from the retirement benefits of the petitioner, despite closure of the disciplinary proceedings. Petitioner seeks release of the said amount. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. Once the petitioner retired from service, he is entitled to be paid all the retirement benefits. Respondents extended all the benefits except a sum of Rs.1,60,000/-. Even assuming that surcharge proceedings are pending against the petitioner, it does not constitute a basis for the 2nd respondent to withhold the retirement benefits or any part thereof. If ultimately, the petitioner is held liable to pay any amount in the surcharge proceedings, separate action has to be initiated for recovery of such amount. 4. Hence, the Writ Petition is allowed and the 2nd respondent is directed to release the amount of Rs.1,60,000/- from the retirement benefits of the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. It shall, however, open to the 2nd respondent to recover any amount, that may be found to be due from the petitioner in the surcharge proceedings. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J September 21, 2010. KTL