SUKH DEVI Vs. HARYANA VIDYUT PARSARAN NIGAM LIMITED

JUDGEMENT

(1.) PETITIONER is widow of Badan Singh Dhillon who has expired after attaining the age of superannuation on 31.1.2004. Through the instant writ petition, the petitioner seeks a writ in the nature of certiorari to quash the letter dated 13.6.2008, Annexure P5, vide which the respondents have informed the petitioner that the suspension of her husband had been treated as leave of the kind due instead of duty period. The letter dated 30.1.2009, Annexure P6, has also been challenged by virtue of which leave for the period in respect of her late husband remained under suspension has been determined to regularise the suspension period w.e.f. 30.7.2001 to 24.4.2003.

(2.) THE admitted facts are that an FIR was registered on 30.7.2001 against husband of the petitioner under Section 13 of the Prevention of Corruption Act. He was acquitted on 2.12.2004, The order of acquittal was upheld by the High Court and Hon'ble the Apex Court on 21.7.2005 and 23.1.2006 vide Annexure P2 and Annexure P3, respectively. The husband of the petitioner filed a Writ Petition No. 7649 of 2005 for a direction to the respondents to release the pension and other retiral benefits. The said writ petition was disposed of with a direction to the respondents to treat the legal notice as representation and take a decision within a period of four months. In compliance with, the said order the respondents have passed order dated 20.9.2005 releasing 100% provisional pension withholding the retiral benefits. On 16.4.2003 the respondents had issued a charge -sheet. A reply to the charge -sheet was filed denying the allegations. No action was taken by the respondents on the basis of charge -sheet till the death of petitioner's husband who unfortunately died on 3.4.2006. On retiral benefits having not been released by the respondents, the petitioner was compelled to file a writ petition. On 3.9.2009, the matter was taken up before this Court when counsel for the respondents stated that an amount of Rs. 3,10,074/ - had been paid to the petitioner and remaining amount would be paid after deducting some amount taken as advance by the deceased husband of the petitioner.

(3.) I have heard the learned counsel for the petitioner and considered the facts and circumstances of the case.