IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16683 of 2010 Date of Decision: 19.01.2011 Gulzar Singh Chaggar ........Petitioner Versus The State of Punjab and others .......Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. R.K.Arora, Advocate for the petitioner. Mr. Puneet Gupta, Addl. A.G., Punjab for the respondents. ****** PERMOD KOHLI, J. (ORAL) This petition has been filed seeking a direction to release the leave encashment and interest thereon. The petitioner retired as Sub Divisional Soil Conservation Officer from service on 31.07.2005 on attaining the age of superannuation. After his retirement, a charge-sheet was served upon the petitioner on 25.10.2005. On account of the aforesaid charge-sheet, petitioner's entire leave encashment was withheld. Now the inquiry stands terminated and the petitioner has been exonerated. The respondents have released the leave encashment on 15.11.2010. Mr. Gupta, Addl. A.G., Punjab submits that on account of the pendency of the disciplinary proceedings, the leave encashment was withheld. At the first place, no order has been passed by any competent authority for withholding the leave encashment during pendency of the inquiry. Secondly, the petitioner stands exonerated in the disciplinary CWP No.16683 of 2010 -2- proceedings. The petitioner is thus entitled to the interest @ 6% on the delayed payment of leave encashment with effect from expiry of three months from the date of his retirement. Let the amount of interest petitioner be calculated and disbursed to him within a period of three months. Disposed of. 19.01.2011 (PERMOD KOHLI) Gagan JUDGE