KISHOR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-Kishor Chand was working as a Excise and Taxation Inspector with respondent-department at Information Collection Centre, Shambhu (imports). His retirement was due on 30/4/2015, after the completion of extended period of service. The pension case of the petitioner was already cleared by the Accountant General, Punjab and pension payment order, the sanction for retirement gratuity and commuted value of pension was also granted on 4/3/2015 (Annexures-P-1 to P-3). The case of the petitioner for promotion to the post of Excise and Taxation Officer was already moved, in that regard the meeting of departmental promotion committee was scheduled to be held in March, 2015, which was postponed to 22/4/2015 and further to 29/4/2015. The petitioner claims that due to some vested interest, who wanted to harm him, some material was cooked up against him. He was placed under suspension on 29/4/2015, vide order Annexure-P-5/T, just one day before his retirement. On 29/4/2015, vide order Annexure-P-4/T, the petitioner was ordered to be retired with effect from 30/4/2015 without prejudice to the result of the pending inquiry pending against him. It is stated that under Rule 2.2 (c) of the Punjab Civil Services Rules, Volume-II, the pension and retirement gratuity can be withheld only if chargesheet or inquiry is pending against the petitioner on the date of retirement. The departmental proceeding is deemed to be instituted when the chargesheet is issued to the officer. In the present case, no chargesheet was issued on the date of retirement. Hence, the retiral benefits cannot be withheld and his pension, gratuity, leave encashment and commuted value of pension is liable to released.

(2.) In the reply, respondents No. 1 to 3 took the plea that on completion of 58 years, the petitioner was granted extension for one year from 1/5/2014 to 30/4/2015. Since his further extension was not sought, therefore, his retirement was due on 30/4/2015. It is stated that it was noticed by the Assista nt Excise and Taxation Commissioner, Shambhu (Imports) that the goods worth Rs.3,91,99,594.00, belonging to M/s Dhiman P.K. Associates, Railway Station, Mandi Gobindgarh, laid in 37 vehicles were cleared from his log-in against bogus entry tax receipts without depositing the entry tax amounting to Rs.9,79,990.00 causing loss the State exchequer. The matter was reported by the AETC, Shambhu (Imports), vide memo dtd. 31/3/2015. It was admitted that the petitioner was placed under suspension on 29/4/2015. The respondents relied upon Rule 2.2 (c) (1) of the Punjab Civil Services Rules, Volume-II, under which where a departmental proceeding is continued under clause (1) of the proviso thereto, the pension is to be released and the gratuity or death-cum- retirement gratuity (DCRG) shall not be paid until the conclusion of the said departmental proceeding comes to an end. It was further disclosed that the provisional pension in the present case has been sanctioned. Only the DCRG has been withheld. The case for release of leave encashment has been sent to the Treasury Officer, Patiala. The GPF amounting to Rs.14,92,110.00 has already been disbursed to the petitioner. The process for release is underway as the verification has been sought from different stations. No other retiral benefit has been withheld.

(3.) I have heard the learned counsels for the parties and have also carefully gone through the file.