RAJ SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of Mandamus for issuing a direction to the respondents to grant interest @ 18% per annum on the delayed payment of retiral benefits. Learned State counsel submits that two FIRs i.e. FIR Nos. 61 and 62 dated 26.11.1999 under Section 7, 13(1)d read with, 13(2), 88 of the Prevention of Corruption Act read with Section 409, 467, 468, 471, 473 and 120-B IPC were registered at Police Station Vigilance Bureau, Jalandhar against more than 25 persons including petitioner and two other persons namely Shingara Singh and Sudesh Kumar. The co-accused Shingara Singh was exonerated and the charges against the petitioner were dropped on 09.02.2010. Petitioner filed COCP No. 2870 of 2011 which was disposed of with a direction to pay the interest on delayed payments w.e.f. 01.05.2011 till actual payment of retiral benefits to the petitioner. The petitioner admittedly retired on 30.09.2007 and the charges against the petitioner were dropped on 09.02.2010. Similarly, co-accused Shingara Singh approached this Court vide CWP No. 15700 of 2006 wherein Division Bench of this Court made the following observations:--

(2.) Considering the fact that similar relief to the co-accused i.e. Shingara Singh has been allowed in CWP No. 15700 of 2006 dated 28.05.2008 and the relief sought by the petitioner cannot be denied on the score of direction passed by this Court made in the COCP No. 2870 of 2011. It is admitted case of the petitioner that the charges against the petitioner were dropped on 09.02.2010 while the petitioner retired on 30.09.2007. During the pendency of the COCP most of the payments were made by the answering respondents to the petitioner. Hence said COCP was disposed of vide order dated 15.05.2012 (Annexure P-3) with a direction to the respondents to pay interest on delayed payments w.e.f. 01.05.2011 till actual payment of the retiral benefits to the petitioner. Accordingly, this petition is allowed with a direction to the respondents to pay the interest @ 9% on retiral benefits and whatever amount paid, shall be adjusted and remaining payment shall be paid within 4 months from the receipt of the certified copy of the order.