B.R. AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Writ petition admitted. Pleadings of the parties are complete. By consent writ-petition placed on board and called out for hearing.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari to quash, Annexure P.3, particularly to be extent of right to withhold l/3rds of provisional pension and a direction to release 100 per cent provisional pension and other retiral benefits in accordance with the rules and regulations. The Commissioner and Secretary to Government, Haryana, Food and Supplies, Department, vide order dated December 6, 1993, Annexure P.3, had accorded sanction under Rule 9.17(a) read with rule 9.19(b) of the Punjab Civil Services Rules , Volume-II, to the grant of 2/3rds anticipatory pension to the petitioner-B.R. Aggarwal, who was working as a District Food and Supplies Officer, since retired. On calculation, the Commissioner found that the petitioner would be entitled to the anticipatory pension of Rs. 832/- with effect from September 30, 1992.

(3.) Mr. Walia, the learned counsel appearing in support of the writ petition drew our attention to the rules and regulations governing the pensionary benefits to a Government employee. It is common premise that apart from pension, the petitioner would be entitled to gratuity amount and leave encashment benefit. Vide Annexure P.3, the petitioner has been released only 2/3rds of the pension and the rest of the retiral benefits were withheld on the ground that a departmental enquiry has been pending against the petitioner. The departmental enquiry relates to the loss of the Government to the tune of Rs. 4.30 lacs. At the relevant time, when the loss was alleged to have been caused, the petitioner was working as a District Food and Supplies Officer at Kamal. The enquiry although started in the year 1988, yet the same is still to be concluded. It is in these circumstances that the petitioner has been deprived of the retiral benefits.