IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14851 of 2007 DATE OF DECISION : 23.03.2009 Ram Tirath Dwivedi .... PETITIONER Versus The National Fertilizer Limited ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. R.D. Bawa, Advocate, for the petitioner. Mr. Arvind Mittal, Advocate, for the respondent. * * * SATISH KUMAR MITTAL , J. ( Oral ) In the present writ petition, the dispute is regarding the release of gratuity and leave encashment to the petitioner, who has retired on 30.11.2006 as Marketing Manager of National Fertilizer Limited. The said amount has been withheld by the respondent due to pendency of a criminal case against the petitioner. However, in the departmental enquiry, which has been finalised, the punishment of only warning was imposed upon the petitioner and no finding regarding causing of loss has been recorded. However, since the criminal case is pending against him, the said benefit has been withheld. CWP No. 14851 of 2007 -2- Admittedly, a similarly situated employee, namely S. Pathak, who is also named as accused in the same FIR, has been paid the aforesaid benefits. Counsel for the respondent, on instructions, states that the respondent is ready to release the benefit of leave encashment and the gratuity to the petitioner during the pendency of the criminal case, provided the petitioner furnishes adequate security. Counsel for the petitioner, on instructions from the petitioner, who is present in Court, states that he is ready to furnish the security for the release of the aforesaid amount during the pendency of the criminal case against him. In view of the above, this petition is disposed of with a direction to the respondent to release the gratuity and leave encashment to the petitioner subject to his furnishing adequate security to the satisfaction of the respondent. March 23, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE