IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 6853 of 2009 Date of Decision: 6.5.2009. Mohinder Singh --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Padamkant Dwivedi, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, DAG, Punjab has been asked to accept notice on behalf of respondents-State. With the consent of learned counsel for the parties, this petition is disposed of at the motion stage itself. The petitioner was working as Driver with the respondent- department. He retired on 30.6.2002. At the time of retirement a departmental enquiry was pending against him. It is alleged that the departmental enquiry stands concluded. An amount of Rs. 1,00,000/- was imposed as penalty, which has been recovered from the gratuity of the petitioner. The grievance of the petitioner is that despite the conclusion of the departmental enquiry and the recovery of the amount, his retiral benefits have not been released till date. The petitioner made a request for release of his gratuity and pension vide his letter Annexure P-2 but no decision has been taken thereon till date. CWP. No. 6853 of 2009 -2- Learned counsel for the petitioner submits that the petitioner will be satisfied if respondents are directed to take a decision on the request of the petitioner. In view of the above circumstances, this petition is disposed of with a direction to the respondent no.2 to take decision on the request made by the petitioner and if, there is no legal impediment and the petitioner is found entitled to the retiral benefits after deduction of the imposed penalty, the same may be released in his favour within a period of three months from the date certified copy of this order is served upon the competent authority. However, in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 6.5.2009 lucky