HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7996 of 2011 (O&M) Date of Decision: 05.05.2011 **** Surinder Kumar Gupta . . . . Petitioner VS. State of Punjab & Anr. . . . . 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. Siddharth Gupta, Advocate for the petitioner **** SURYA KANT, J. (ORAL) (1). The petitioner retired from the Department of Food and Civil Supplies, Government of Punjab w.e.f. 31.08.2009. Though 90% of the provisional pension (GPF & GIS) has been paid to him, some of the retiral dues have been withheld on the plea that a charge-sheet regarding allegation of taking illegal gratification from the depot- holder is pending against him. Similarly a vigilance case for taking illegal gratification is also pending in which the Department has already accorded its sanction. (2). It appears from the record that the petitioner has already submitted his reply to the charge-sheet but no CWP No.7996 of 2011.doc - 2 – decision has been taken by the competent authority so far. (3). In so far as the criminal case is concerned, the letters written by the Vigilance Department exonerating the petitioner are meaningless as it is for the Court of competent jurisdiction to decide as whether the ‘cancellation report’ filed in favour of the petitioner is to be accepted or not. (4). Be that as it may, the Department cannot withhold the retiral dues of the petitioner for an indefinite period. (5). The writ petition is disposed of with a direction to the respondents to take appropriate decision for release of the retiral dues of the petitioner in the pending disciplinary proceedings and thereafter for the remaining retiral dues of the petitioner, however, without prejudice to the vigilance and/or any other disciplinary proceedings. (6). Appropriate orders to this effect shall be passed within a period of three months from the date of receipt of a certified copy of this order. (7). Ordered accordingly. Dasti. 05.05.2011 vishal shonkar (S u r y a K a n t) Judge