Civil Writ Petition No.15874 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15874 of 2010 DATE OF DECISION: JULY 20, 2011 Shiv Kumar Sharma .....Petitioner VERSUS State of Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Gaurav Jain, Advocate, for Mr. Amit Jain, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana for the State. **** RANJIT SINGH, J. The petitioner was retired from service after attaining age of superannuation on 30.4.2009. He has now filed this writ petition with a grievance that his outstanding amount of leave encashment, GIS, benefits of 6th Pay Commission, T.A./D.A. and death-cum-retiral gratuity has not been released. Notice was issued. Reply is filed. It is pointed out that the petitioner was responsible to expend the grant of `7,38,000/- received by the School to establish the computer lab in the year 2008 while he was acting as Principal. He had spent `6,71,597/- only and had not accounted for the balanced amount of `66,403/-. The Civil Writ Petition No.15874 of 2010 -2- petitioner at the time of retirement, did not hand over the complete record of the unspent amount. Accordingly, the inquiry is in progress against the petitioner. The petitioner had earlier approached this Court through CWP No.7816 of 2010 and this Court had interfered with the order directing the petitioner to complete the unfinished construction work. The Court, however, left the liberty with the respondents to take action against the petitioner, if he had retained any Government money. It is pursuant to this direction that the proceedings have been initiated against the petitioner. As per the respondents, the petitioner is not cooperating and had not appeared. In this background, it will not be appropriate to issue any direction for release of the retiral benefits of the petitioner, which have been withheld. Such benefits would appropriately be released only on finalization of the inquiry. It would be in the interest of the petitioner to cooperate with the inquiry so that he may have pensionary benefits/retiral benefits, which have been withheld. The writ petition is, accordingly, disposed of with the above direction. July 20, 2011 (RANJIT SINGH) monika JUDGE