NARINDER KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present case, the prayer of the petitioner is for the grant of interest on the delayed release of the certain pensionary benefits, which were withheld by the respondents after the petitioner retired from service on attaining the age of superannuation on 30/11/2007.

(2.) Learned counsel for the petitioner submits that there was an FIR registered against the petitioner being FIR No. 16 dtd. 20/3/2006, which was pending against the petitioner at the time of retirement but the petitioner was found innocent by the competent Court of law vide judgment dtd. 17/2/2014 (Annexure P-2) and therefore, once the allegations alleged against the petitioner were not proved, the petitioner is entitled for intereston the delayed release of the pensionary benefits.

(3.) Learned counsel appearing on behalf of respondent No.3 submits that the respondents were within jurisdiction to withhold certain pensionary benefits of the petitioner due to the pendency of the criminal proceedings, which admittedly was concluded only on 17/2/2014, after which all the benefits for which the petitioner is entitled for, were released to the petitioner without any delay. Learned counsel for respondent No. 3 further submits that keeping in view the facts and circumstances of this case, the prayer of the petitioner for the grant of interest may kindly be declined.