IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 5416 of 2008 Date of Decision: 30.1.2009. Krishan Chand ---Petitioner Vs. Punjab State Civil Supplies Corporation ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Gopal Mahajan, Advocate for the petitioner. Mr. G.S. Sandhawalia, Advocate for the respondent. *** PERMOD KOHLI.J (ORAL) The petitioner has filed this petition seeking direction for payment of the retiral benefits in terms of Gratuity, Leave Encashment etc. The petitioner retired from service on 31.10.2007 on attaining the age of superannuation. The retirement order itself indicates that the retirement is without prejudice to the pending department case/police case/ recovery suit likely to be initiated. In the reply filed, it is stated that as many as four departmental enquiries are pending against the petitioner out of which charge sheets were issued in three cases prior to his retirement and in one case after the retirement. It is on account of the pendency of the disciplinary proceedings that the retiral benefits of the petitioner have not been released. In the re- joinder filed, it is mentioned that the enquiry proceedings have already been completed in most of the cases except the one in which charge sheet was issued after the retirement. The fact remains that departmental proceedings CWP No. 5416 of 2008 -2- are pending against the petitioner since 2002 and even after his retirement, the same have not been concluded. On that basis the retiral benefits payable to the petitioner have been withheld. There is no justification to withhold the retiral benefits for such a long period. In any case, the payment of the retiral benefits like Gratuity, Leave Encashment etc. is dependent upon the conclusion of the departmental proceedings in terms of Rule 2.2(C) of the Punjab Civil Services Rules Vol. II, which are admittedly applicable to the case of the petitioner. In the above circumstances, this petition is disposed of with a direction to the respondents to conclude all the departmental proceedings pending against the petitioner not later than four months from today. The petitioner shall remain present and associate with the pending enquiry, if any, as and when required. Respondents will take decision on the enquiry report already received and that may be concluded in the above manner within a period of one month thereafter. That means all disciplinary proceedings including the decision by the disciplinary authorities shall be concluded within a period of five months from today, failing which the petitioner shall be entitled to the release of the Gratuity, Leave Encashment etc. In the event, petitioner fails to associate with pending enquiry and delay in holding proceedings is attributable to him, the respondents shall be at liberty to approach this Court for further directions. Petition is disposed of as such. (PERMOD KOHLI) JUDGE 30.1.2009 lucky