IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civl Writ Petition No.11159 of 2008 Date of Decision : September 07, 2011. Gita Ram Garg .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Surinder Garg, Advocate, for the petitioner. Ms.Sudeepti Sharma, DAG, Punjab. -.- 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? --- Surya Kant, J. (Oral) The petitioner was a Medical Officer in the Health and Family Welfare Department, Government of Punjab and he retired from service w.e.f. 31.5.2007 on attaining the age of superannuation. Since the payment of gratuity as well as some retiral dues has not been made that he has approached this Court. It is stated that during the pendency of this writ petition, some of the service benefits have been granted to the petitioner, except that (i) the gratuity has not been paid and (ii) the services rendered by the petitioner as a Research Assistant w.e.f. 1.5.1976 to 31.1.1978 has not been counted as 'qualifying service' for the purpose of retiral benefits. CWP No.11159 of 2008 [2] The respondents have filed their reply-affidavits with the solitary justification that a complaint was received against the petitioner from one Partap Singh son of Puran Singh and the allegations contained therein were allegedly found to be correct in a preliminary enquiry. Thereafter, it was decided to serve the petitioner with a charge-sheet under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. In my considered view, the cause of withholding the payment of gratuity is pre se arbitrary and misleading. Neither the nature of allegations contained in the complaint is disclosed nor as to what was found to be correct against the petitioner in the preliminary enquiry. Similarly, the `charge-sheet' has not been placed on record. It appears that the petitioner's gratuity has been withheld on the basis of contemplated disciplinary action which is impermissible in law. The writ petition qua the question of withholding the petitioner's gratuity is accordingly allowed and the respondents are directed to release the withheld amount of gratuity forthwith but not later than two months from the date of receiving a certified copy of this order, alongwith interest @ 6% per annum till the date of its realization. The payment of gratuity to the petitioner, however shall be without prejudice to the right of the respondents to initiate action against the petitioner, if so permissible under the rules. So far as the second relief, namely, counting of the service rendered by the petitioner as Research Assistant w.e.f. 1.5.1976 to 31.1.1978 as 'qualifying service' for the purpose of retiral benefits, the writ petition is disposed of with a direction to the respondents to consider the CWP No.11159 of 2008 [3] said claim in accordance with the provisions contained in the Punjab Civil Services Rules, within a period of four months from the date of receiving a certified copy of this order and pass a speaking order. Ordered accordingly. Dasti. September 07, 2011 (SURYA KANT) Mohinder JUDGE