CWP No.18280 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 26.10.2010 RD Rohilla A.E. (Retd.) ...Petitioner VERSUS Uttar Haryana Bijli Vitran Nigam Ltd. and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Praveen Gupta, Advocate for the petitioner Mr.Gaurav Mohunta, Advocate for respondents Permod Kohli, J. (Oral) With the consent of learned counsel for the parties, this petition is disposed of at motion stage itself. The petitioner is seeking a direction for release of withheld retiral benefits. At the time of filing of the writ petition, the withheld amount was Rs.3,55,044/-. However, during the pendency of this petition, all amounts have been released, except Rs.98967/-, as is evident from short affidavit filed by respondents. The aforesaid amount of Rs.98967/- has been withheld by the respondents on the account of some allegations against the petitioner. It is, however, admitted case of the parties that during the period, petitioner was in service, no disciplinary proceedings were ever initiated. The petitioner retired from service on 31.3.2007 and even after his CWP No.18280 of 2009 2 retirement, no disciplinary proceedings were held. Without holding any disciplinary proceedings, the respondents are not entitled to retain any part of the retiral benefits. In view of the above, this petition is allowed. Respondents are directed to release all balance retiral benefits within a period of three months, failing which the petitioner shall be entitled to interest at the rate of 6% per annum on the withheld amount. (PERMOD KOHLI) JUDGE 26.10. 2010 MFK CWP No.10585 of 2010 3