C.W.P.No.6120 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.6120 of 2009 Date of Decision: 23.02.2010 M.R.Chopra .....Petitioner Versus State of Haryana & Others ......Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.R.N.Sharma, Advocate for the petitioner. Mr.R.K.S.Brar, Addl.A.G, Haryana. * * * Permod Kohli, J.(Oral) This petition has been filed, seeking a direction for release of gratuity, commutation of pension and other retrial benefits admissible to the petitioner on his retirement. A further prayer is made for a direction to promote the petitioner to the post of HES-1 w.e.f the date juniors to him was promoted. Petitioner was serving as a Principal and retired on 31.10.2007 on attaining the age of superannuation. While in service, he was served with a charge-sheet dated 28.03.2006 allegedly for making illegal appointments to the post of Class-IV and also regularizing services of part time employees. The petitioner submitted reply to the charge-sheet and an inquiry was ordered against him. It is admitted case of the petitioner that after his retirement, provisional pension has been sanctioned vide PPO dated 18.01.2008 whereas, other retrial benefits like gratuity, commutation of pension etc. are yet to be finalized. The petitioner also remained under suspension on account of pendency of departmental proceedings against him though later on reinstated prior to his retirement. C.W.P.No.6120 of 2009 2 In the reply filed by the respondents, it is stated that two charge- sheets were served upon the petitioner and the inquiry officer appointed to inquire into the charges has submitted reports in respect to both the charges and the petitioner has been found guilty of the charges. It is further mentioned that the copies of the inquiry reports have been sent to the petitioner but his reply is awaited. Mr.R.N.Sharma, Advocate, appearing on behalf of the petitioner, submits that the petitioner has already submitted reply to the show cause notices served upon him. However, disciplinary authority has not taken any decision so far. In view of the above said circumstances, this petition is disposed of with a direction to the respondents-State to take final decision on the disciplinary proceedings of the petitioner within a period of three months. Depending upon the outcome of disciplinary proceedings, the retrial benefits of the petitioner be determine and the admissible benefits be released in his favour within a period of one month thereafter. 23.02.2010 (Permod Kohli) Seema-II Judge