IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPSB No.330 of 2008 (S/B) D.L. Sah ………..Petitioner Versus State of Uttarakhand & others ….Respondents Mr. A.D. Tirpathi, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for the State/respondent no.1. Mr. U.K. Uniyal, Senior Advocate with Mr. Sandeep Kothari, Advocate for the respondent no.2. Dated: 26th August, 2010 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Barin Ghosh, C.J. (Oral) On 31st October, 2008, the petitioner retired. Prior thereto, on 27th October, 2008, a notice was given to the petitioner making certain allegations against him and calling upon the petitioner to give a reply thereto. According to the petitioner, this notice was not served on him until before he retired. According to the employer, this notice could not be served upon the petitioner before he retired, as he deliberately avoided service. The fact remains that by this notice no disciplinary proceeding was sought to be initiated against the petitioner, inasmuch as the notice itself made it clear that failure to give reply thereto would compel the employer to initiate disciplinary proceedings against the petitioner. That being the situation, on the strength of this notice, the 2 respondent-employer was not entitled to withhold any of the lawful terminal dues and claims of the petitioner. 2. We, therefore, allow the writ petition and direct the respondent-employer to forthwith release all terminal dues of the petitioner and not to refrain from doing so on the strength of the said notice dated 27th October, 2008. We, however, make it clear that in the event any other lawful step has been taken by the respondent-employer for recovery of any money from the petitioner, it shall be open to the respondent- employer to take such action as they may be advised, including withholding of pension and gratuity, if that is permissible in law, but, under no circumstances, any part of the Provident Fund or Interest thereon. (V.K. Bist, J.) (Barin Ghosh, C.J.) 26.08.2010 26.08.2010 Arpan