INDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) PETITIONER has filed this writ petition for issuance of a writ in the nature of mandamus directing the respondents No. 1 and 2 to sanction and make payment of retiral benefits besides regularising his suspension period. The petitioner has sought issuance of directions that the payment of retiral benefits should be made with interest on account of the fact that despite he having retired on 31.01.2009 during suspension period neither provisional pension has been released nor gratuity and leave encashment has been calculated and paid to the petitioner. It is an admitted fact that the petitioner was under suspension on the date of his retirement. The Inquiry Officer had submitted his inquiry report on 10.02.2010 after the petitioner had retired. It appears that on the basis of inquiry report, the Financial Commissioner and Principal Secretary to the Govt. of Haryana, vide order dated 03.09.2010 has issued a show cause notice to the petitioner whereby penalty of one per cent cut in the gross pension besides not treating the suspension period as duty period should be imposed upon the petitioner, had been proposed. No decision has been taken regarding the imposition of any penalty despite the fact that the petitioner has already filed reply to the show cause notice vide Annexure P -4.

(2.) AFTER hearing counsel for the petitioner as well as counsel for the respondent and going through the relevant record, it transpires that vide order dated 03.10.2012 (Annexure R -2), the Govt. has decided to sanction provisional pension to the petitioner and ordered the Director, Urban Local Bodies, Haryana, Chandigarh to send the pension case of the petitioner within a period of 5 days.

(3.) SO far as the Municipal Committee, Meham is concerned, in the written statement a list of seven disciplinary proceedings has been given which were stated to be pending at the time of retirement of the petitioner. Relying upon Rule 9.15(1)(c) and Rule 11.1(c) of C.S.R. Vol. II, it has been stated that the gratuity and commutation pension have been withheld. Rule 9.15(1)(c) provides that no gratuity shall be paid to the Govt. employee until the conclusion of the departmental or judicial proceedings. As per proviso to Rule 11.1(I), a Govt. employee against whom departmental proceedings are pending as per Rule 2.2(b) of Punjab Civil Services Rules Vol. II shall not be permitted to commute any part of his pension during the pendency of such proceedings.