Civil Writ Petition No.20326 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20326 of 2009 Date of Decision : 26th May, 2011. Sudesh Kumar ....Petitioner Versus The State of Punjab and Others ....Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Vipul Aggarwal Advocate for the petitioner. Mr.B.S.Chahal, Deputy Advocate General, Punjab. * * * Permod Kohli, J.(Oral) The petitioner retired from the post of Inspector, Punjab Roadways, Amritsar-2 on 31.03.2002 on attaining the age of superannuation. In the year 1999, two FIRs bearing Nos.61 and 62 dated 26.11.1999 were registered against the petitioner at Police Station Vigilance Bureau, Jalandhar under sections 7,13(1)d, 13(2) of Prevention of Corruption Act read with Sections 409, 467, 468, 471, 473, 120-B IPC. On account of pendency of the criminal proceedings, pensionary benefits were not released to the petitioner on his retirement. In the reply filed by the respondents-State, it is stated that provisional pension, leave encashment and GPF has already been paid to the petitioner. In so far as the above FIRs are concerned, no charge-sheet was filed against the petitioner in the competent court. Learned counsel for the petitioner submits that some of the retiral benefits has already been paid to the petitioner but the entire benefits has not been released despite the fact that no criminal charge-sheet has been filed against the petitioner. In view of the aforesaid factual position, this petition is disposed Civil Writ Petition No.20326 of 2009 2 of with a direction to the respondents to release all the balance retiral/pensionary benefits to the petitioner within a period of four months from the date of receipt of certified copy of this order. Since the petitioner has not been arrayed as an accused in the aforesaid FIRs, the petitioner shall be entitled to interest on the delayed payment of the retiral benefits. Interest shall be payable at the statutory rate on delayed payment of gratuity and GPF and @ 6% on delayed payment of other retiral benefits. The interest shall accrue on the expiry of three months from the date of retirement. Let the entire interest be calculated and paid to the petitioner within four months from the date of receipt of certified copy of this order. (PERMOD KOHLI) 26.05.2011. JUDGE Seema-II