PRABHU RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) In this writ petition, the petitioner has sought quashing the impugned order dated 15.12.87 a copy of which is Annexure P-5 to the writ petition, whereby a sum of Rs. 1363.00 was deducted from the gratuity amount of the petitioner on account of the loss suffered by the State. The respondent-State also withheld a sum of Rs. 5889.00 till 15.12.1987 out of gratuity amount of Rs. 7252.00 which was to be disbursed to the petitioner on his.retirement.

(2.) The case of the petitioner is that he was served with a charge-sheet by the respondent five days prior to his retirement and withheld his gratuity amount despite the fact that he was exonerated in the departmental enquiry. The learned counsel for the petitioner has urged that no part of the gratuity amount can be adjusted or withheld by the Government.

(3.) Though the case was admitted on Feb. 4,1988 but the respondent-State has not filed the written statement till date. In this view of the matter, I am of the view that the allegations contained in the writ petition are admitted to' be correct.