MOHINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer made in this writ petition is for issuance of a writ of mandamus directing the respondents to release the withheld amount of gratuity amounting to Rs.28,539/- along with interest and damages with effect from 1.4.1989 i.e. the date on which the petitioner retired from service.

(2.) It is a typical case which has resulted into harassment to the petitioner and loss to the Government due to deliberate inaction or sheer negligence on the part of the officials of the State Government. Petitioner retired as Executive Engineer, P.W.D. (B&R) Patiala, on 31.3.1989. On his retirement, petitioner was granted provisional pension with effect from 1.4.1989 but other dues were not released for which the petitioner made a representation on 16.8.1989. On 3.11.1989, petitioner was granted regular pension and leave encashment. Out of the total amount of Rs.57,850/- towards the gratuity, Chief Engineer, P.W.D. (B&R) Punjab granted sanction for the release of gratuity amount of Rs.29,211/- on 21.2.1992 and withheld the balance amount of Rs.28,539/- on the ground that two inquiries were pending against the petitioner which may result in recovery of Rs.25,946/- from the petitioner.

(3.) Petitioner was issued two charge sheets just few days before his retirement The balance amounl of gratuity was withheld under orders of Chief Engineer, PWD (B&R) Punjab to be released after the decision of the charge sheet. An Enquiry Officer was appointed. Petitioner faced the inquiry and as per allegations made in the petition which have not been controverted in the written statement, Enquiry Officer submitted his report to the Punishing Authority on 20.9.1993 which was received in the office of the Superintending Engineer, Ludhiana Circle, vide No.1176 dated 20.12.1993 exonerating the petitioner of the charges levelled against him. Punishing Authority, thereafter, did not take any action on the inquiry report. Under these circumstances, present writ petition has been filed for release of the balance amount of gratuity which was illegally withheld and not released to the petitioner despite the fact that petitioner had been absolved of the liability and both the charge sheets served on the petitioner having come to an end.