CWP No.6777 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6777 of 2010 (O&M) Date of Decision: 29.11.2010 **** Gurcharan Singh . . . . Petitioner VS. Punjab State Civil Supplies & Ors. . . . . . 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. SS Salar, Advocate for the petitioner Mr. IS Sidhu, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner retired from the post of Inspector Grade-I w.e.f. 31.03.2004 on attaining the age of superannuation. His retiral dues having not been paid that he has approached this Court. (2). On the last date of hearing, it was pointed out that the retiral dues (principal amount only) stood released, however, the case was adjourned to consider the claim of interest. (3). The respondents have filed their reply in Court which is taken on record. As per the averments made therein, it is revealed that disciplinary actions were taken against the petitioner vide CWP No.6777 of 2010.doc - 2 – charge-sheets dated 16.12.1998 (Annexure P1) and 01.03.2001 (Annexure P2). The petitioner submitted his reply to both the charge-sheets on time. The record further reveals that the Charge- sheet dated 01.03.2001 was dropped vide order dated 14.08.2008 (Annexure P3) whereas in the charge-sheet dated 16.12.1998 the petitioner was held liable for the loss of `428/- only, though the disciplinary proceedings have been finally concluded vide memo dated 01.01.2010 (Annexure P4) only. The petitioner has been admittedly paid his retiral dues vide order dated 26.08.2010. (4). Having heard learned counsel for the parties and considering the nature of allegations which were pending consideration before the authorities which have ultimately culminated into dropping of one of the charge-sheet or recovery of `428/- only, I am of the considered view that the respondents cannot justify the withholding of entire retiral dues for a long period of more than six years. (5). Consequently, the writ petition is allowed in part to the extent that the respondents are directed to pay interest @ 6% p.a. only w.e.f. 01.01.2005 till the actual date of realization and the arrears CWP No.6777 of 2010.doc - 3 – thereof shall be paid to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 29.11.2010 vishal shonkar (SURYA KANT) JUDGE