THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.19622 of 2009 ORDER: The petitioner retired as Junior Assistant from the service of the respondents on 31.12.2008, on attaining the age of superannuation. However, his retirement benefits were not released, on the ground that disciplinary proceedings are pending against him. The petitioner challenges the action of the respondents in not releasing the retirement benefits. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. The petitioner retired from service on 31.12.2008, on attaining the age of superannuation. After his retirement, he was issued a letter, dated 03.01.2009, stating that enquiry proceedings are pending against him and that he was required to attend the enquiry. The reason for not settling the retirement benefits appears to be, pendency of the enquiry. In the recent past, the respondents have amended the Service Rules to enable them to continue the disciplinary proceedings, even after the retirement of the employee. While certifying those amendments, the Joint Commissioner of Labour, who is competent authority under the Industrial Employment (Standing Orders) Act 1946, directed that such enquiries shall be completed within three months, and in case any enquiry is instituted when the employee was in service, his retirement benefits shall not be stopped, except to the extent of the monetary loss indicated in the disciplinary proceedings. Therefore, the respondents are not at all justified in withholding the service benefits of the petitioner. Hence, the Writ Petition is disposed of, directing the respondents to settle the retirement benefits of the petitioner within a period of four weeks from the date of receipt of a copy of this order and pay the same. In case any amount is liable to be withheld, respondents shall furnish, necessary particulars. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.08.10.2010. GJ