CWP No.18010 of 2008 Raghubir Singh Vs. UHBVNL and others Present: Mr.Naveen Daryal, Advocate for the petitioner. Mr.Mohnish Sharma, Advocate for the respondents. * * * Permod Kohil, J (Oral) Petitioner was serving as A.F.M. with the respondents. He retired from service on 28.2.2006 on attaining the age of superannuation. Admittedly, no charge-sheet was pending against the petitioner at the time of retirement. On his retirement, petitioner was not paid the retiral/pensionary benefits though the provisional pension of the petitioner was fixed. After his retirement, respondents withheld the retiral benefits. The petitioner accordingly, has filed this petition seeking direction for release of the retiral benefits, gratuity, pension, GIS, Commutation of pension etc. In the reply filed by the respondents, it is stated that during his service, the petitioner was entrusted with the departmental material and recoveries were to be effected from him. In the affidavit of Mr.S.K.Negi, Chief Accountant Officer, UHBVNL filed in CM No.114 of 2010, material said to be entrusted to the petitioner has been indicated. It is an admitted case of the respondents that no inquiry whatsoever was conducted against the petitioner when the petitioner was in service. The amount sought to be recovered has not been determined by any competent authority and no disciplinary proceedings were initiated against him. Even no show cause notice been issued to the petitioner before determining the so called recovery amount. The entire exercise is without any authority of law. It is a settled law that recovery is one of the punishment prescribed under the law. No punishment can be awarded without holding inquiry/show cause notice. The controversy arisen in this petition is squarely covered by the judgment of this Court reported as S.S.Arya Vs. Uttar Haryana Bijli Vitran Nigam, Panchkula and others 2009 (3) SCT, SCT, 440. CWP No.18010 of 2008 In view of the above circumstances, this petition is allowed. Respondents are directed to release all the retiral benefits to the petitioner within a period of three months. Petitioner shall be entitled to statutory interest wherever payable and on all other pensionary benefits, petitioner is also entitled to interest @ 6% from the date of retirement till the amount is actually paid. ( Permod Kohli ) Judge 27.07.2010 sd 2