CWP No.2676 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.2676 of 2009 Date of Decision: 02.03.2010 **** Maghar Singh . . . . Petitioner VS. State of Punjab and others . . . . 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. N.S. Dandiwal, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner was serving as a Driver in the Punjab Roadways and he retired w.e.f. 31.08.2002 on attaining the age of superannuation. CWP No.2676 of 2009.doc - 2 – (2). While in service, the bus driven by the petitioner met with an accident and a case FIR No.84 dated 01.01.1997 under Sections 304A/279/337/427 IPC in Police Station Kot Bhai, Tehsil Baha, District Muktsar was registered against him. The petitioner was convicted by the trial Court vide judgement dated 09.08.2001. On an appeal, the learned Additional Sessions Judge, Muktsar acquitted the petitioner vide order dated 22.08.2002 (Annexure P1). (3). It appears that the administrative authorities were not satisfied and therefore, a departmental enquiry was initiated against him pertaining to the said accident. The Enquiry Officer, however, exonerated the petitioner vide his report dated 19.05.2003 (Annexure P2) which was finally accepted by the disciplinary authority on 28.09.2006. It was thereafter that the arrears of Gratuity/pension amounting to Rs.2,62,910/- were paid to the petitioner almost after one year on 11.09.2007. (4). It may be noticed that the arrears of GPF amounting to Rs.1,28,083/- were paid to the petitioner on 07.01.2004 whereas the benefit of leave encashment amounting to Rs.37621/- was released on 11.04.2005. CWP No.2676 of 2009.doc - 3 – (5). The petitioner has now approached this Court to grant him interest on the delayed payments. (6). Notice of motion was issued and in response thereto, the respondents have filed their counter-reply/affidavit. (7). I have heard learned counsel for the parties and perused the record. In my considered view, once the disciplinary authority accepted the enquiry report and exonerated the petitioner of the charges on 28.09.2006, the Gratuity and arrears of pension which were earlier withheld, ought to have been released without any further delay. Yet the payments were made after almost one year. (8). The writ petition is, accordingly, allowed in part holding that so long as the petitioner did not earn exoneration, the respondents were justified in withholding his retiral benefits. However, the withheld amount of Gratuity/pension was liable to be released soon after the disciplinary authority exonerated the petitioner on 28th September, 2006. The respondents are, accordingly, directed to pay interest @ 7 per cent per annum to the petitioner for a period of one year on the arrears of Gratuity and pension amounting to Rs.2,62,910//- which were paid to him on 11.09.2007. CWP No.2676 of 2009.doc - 4 – The arrears of interest shall be paid to him within a period of four months from the date of receipt of a certified copy of this order. (9). Ordered accordingly. (10). Dasti . (SURYA KANT) JUDGE 02.03.2010 vishal shonkar