CWP No.15929 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15929 of 2009 (O&M) Date of Decision: 25.01.2011 **** Mangta Singh . . . . Petitioner VS. Punjab State Electricity Board & Anr. . . . . 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. GPS Bal, Advocate for the petitioner Mr. Sukhbir Singh, Advocate for the respondents **** SURYA KANT J. (ORAL) (1). The only short question that survives for consideration in this writ petition pertains to the release of full amount of ‘commutation of pension’ and interest on the delayed payments of the retiral dues to the petitioner. (2). Suffice it to mention here that the petitioner was a Junior Engineer in the respondent-Board and he retired w.e.f. 28.02.2003 on attaining the age of superannuation. The petitioner was charge-sheeted while in service on the allegations of taking bribe but was exonerated by the enquiry officer before his retirement. CWP No.15929 of 2009.doc - 2 – (3). The aforesaid allegations also led to the registration of FIR No.8 dated 10.02.1997 at Police Station Vigilance Bureau, Jalandhar under Sections 420, 467, 468, 471, 120-B IPC read with Sections 13 (2) and 7 of Prevention of Corruption Act, 1988. (4). The petitioner has been finally acquitted in that criminal case as well on 10.04.2009 (Annexure P6). It is due to the pendency of the trial that the full retiral dues were not released to him which have been paid after the petitioner’s acquittal only. (5). It appears that full amount of commutation of pension has not been released so far nor the respondents have paid any interest to the petitioner on the plea that they were justified in withholding the release of retiral dues due to the pendency of the criminal trial. (6). During the course of hearing, it could not be disputed that the petitioner would be entitled full commutation of pension, if the same has not been released to him so far. (7). The respondents are accordingly directed to re-calculate and release if anything is found due, within a period of three months from the date of receipt of a certified copy of this order. (8). As regards the interest on the delay payment, I am of the considered view that since the amount payable to the CWP No.15929 of 2009.doc - 3 – petitioner in the year 2003 has been lying with the respondents, they are liable to pay the interest at the same rate as might have accrued thereupon while lying in the Bank/Treasury. (9). Counsel for the respondents states that under the Rules, the interest is payable @ 5% p.a. on the delayed payments. (10). That being so, the writ petition is allowed to the extent that the respondents are directed to pay interest @ 5% per annum w.e.f. 01.06.2003 till the actual payment of the retiral dues. The amount of interest shall be paid to the petitioner within the stipulated period. (11). Ordered accordingly. Dasti. 25.01.2011 vishal shonkar (S u r y a K a n t) Judge