K.B. MALIK Vs. STATE OF HARYANA

JUDGEMENT

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

(2.) This writ petition is more or less identical to the one bearing Civil Writ Petition No.6-49 of 1994 (B.R. Aggarwal V/s. State of Haryana), which we have disposed of today. The petitioner at the relevant time happened to be in the service of the Haryana Government as District Food and Supplies Controller and he retired on November 30, 1992. He has been released 2/3rds amount of his anticipatory pension, one thirds of the amount of pension has been withheld along with gratuity and leave encashment. Withholding was ordered on the footing that departmental enquiries as regards the loss caused to the State of Haryana to the tune of a couple of lacs of rupees are pending against him. Mr.Walia, the learned counsel appearing in support of the writ petition strongly relied upon the Full Bench decision of this Court in Dr. Ishar Singh V/s. State of Punjab, 1993 4 SLR 655, to substantiate his contention that the petitioner is entitled to the release of full pension. It is needless to set out the relevant rules and regulations which have been discussed in depth by the Full Bench of this Court in Dr. Ishar Singh's case . We accordingly following the Full Bench decision in Dr. Ishar Singh's case , held that the respondents are not entitled to withhold l/3rds pension of the petitioner on the ground that disciplinary enquiries are pending against him. Respondents to release' the arrears of pension expeditiously and the same may be paid on or before August 31, 1994. Respondents to give to the petitioner full pension without any deduction therefrom.

(3.) As far as the gratuity amount and the leave encashment are concerned, the same may not be released at this stage since we are directing the respondents to complete the enquiries expeditiously and preferably on or before November 30, 1994. Release of the gratuity and leave encashment will depend upon the result of the disciplinary enquiries. In the event the respondents fail to comply with the above directions, as regards the payment of arrears of pension on or before August 31, 1994, the petitioner will be entitled to get interest at the rate of 18 per cent per annum on the arrears of pension till the said amount is released/paid.