D.D. SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE short question involved is as to whether the respondents are justified in with -holding amount payable on account of death - cum -retirement gratuity and leave encashment as the charge -sheet has been admittedly issued after the date of retirement of the petitioner. Learned Assistant Advocate General has made reference to Rule 9:14(C) which reads as under :

(2.) NO gratuity shall be paid to the Government employee until the departmental or judicial proceedings and issue of final order therein ; Provided that where departmental proceedings have been instituted under Rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 for imposing any of the penalties specified in clauses (i), (ii) and (iy) of Rule 5 of the said rules, the payment of gratuity shall be authorised to be paid to the Government employee. 3. The argument is that gratuity can be with -held until the conclusion of the departmental or judicial proceedings and issue : of final order thereon. The petitioner had retired on February 15, 1998 and that the charge -sheet had been served on October 25, 2000. Admittedly, no departmental or judicial proceedings were pending against the petitioner. In this regard, my attention has been drawn to Rule 2.2(b) which reads as under: