GURDASS RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner retired from service on 31.1.1999. At the time of his retirement, he was working as Junior Assistant with N.J.S.A. Government College, Kapurthala -respondent No. 4. His grievance is that till today, he has not been paid any of the retiral benefits.

(2.) Written statement has been filed on behalf of respondent No. 4, wherein preliminary objection No. 2 has been taken to the effect that a sum of Rs. 9,85,123/ - is due from the petitioner as he is alleged to have committed embezzlement. It is further stated that the retiral dues payable to the petitioner besides pension are to the tune of Rs. 4,60,321/ - and in this manner, the amount recoverable from him on account of embezzlement remains deficient by Rs. 5,24,802/ -. We have gone through the written statement. We find at no stage during the period of service of the petitioner were any disciplinary proceedings taken against him for the alleged embezzlement. Even after his retirement despite expiry of period of one year and nine months no proceedings had been taken against him.

(3.) IN accordance with the settled principles of law as enunciated by the Full Bench in Ishar Singh's case pending the said enquiry, 100% provisional pension, commuted amount of pension, amount of unavailed of earned leave should be released to the petitioner. Similarly the amount of G.P.F. lying to the credit of the petitioner, which is in fact his property was required to be released on the date following his retirement. However, the amount of OCR gratuity can be withheld by the respondent till the enquiry is complete. Unfortunately, however, no proceedings in accordance with the above rules have been initiated so far.