IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2182 of 2008 Date of Decision: 14.2.2008 Bharat Bhushan Singla Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri K.S.Bahyana, Advocate for the petitioner Jasbir Singh, J. (Oral) The petitioner retired from service on 31.8.1999. In this writ petition, it is his grievance that even by now, pension, gratuity and leave encashment benefits have not been released in his favour. Perusal of the paper book indicates that prior to the year 1992, an FIR was recorded against the petitioner on an allegation that he had committed embezzlement of some amount. After trial he was acquitted. Thereafter, charge sheet was issued to him for initiation of departmental enquiry. He came to this Court by filing CWP No.1759 of 1993. That writ petition was admitted on 9.12.1993 and the enquiry was stayed. It appears that on account of the pending litigation, retiral benefits have not been released in his favour. During arguments, it was brought to our notice that by stating his grievance, the petitioner has already sent a representation (Annexure P/5), which is still pending. Civil Writ Petition No.2182 of 2008 In view of facts of this case, without expressing any opinion on merits, we dispose of this writ petition by issuing directions to respondent No.2 to take note and decide representation (Annexure P/5) of the petitioner, as per law, by passing a speaking order. It is made clear that the authorities be at liberty to retain some amount, to satisfy claim of the department with regard to the embezzled amount, provisionally, subject to the result of the final enquiry. It is further made clear that if the authorities decided to release benefits to the petitioner, then he be asked to file an undertaking that in case adverse finding comes against him in the departmental enquiry, he shall refund that amount, if need be. Needful be done within a period of six weeks from the date of receipt of a certified copy of this order. The Registry of this Court is also directed to put up CWP No.1759 of 1993 for regular hearing after getting appropriate orders from Hon’ble the Chief Justice, in the month of July 2008. (Jasbir Singh) Judge February 14, 2008 (Jaswant Singh) gk Judge 2