RAVINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner as a principal of the Government Girls Senior Secondary School, Kothakpura, District Faridkot on May 31 1992. She complains that in spite of the lapse of a long time the respondents have illegally withheld her gratuity to Rs. 68475.00. She consequently, prays for issue of a writ of mandamus directing the respondents to release the amount with interest at the rate of 18% per annum.

(2.) A written statement has been filed on behalf of the respondents. It has been inter alia pointed out that the pension was released soon after the petitioner's retirement. However, the gratuity has been withheld "as a criminal matter pertaining to fraud in Govt. Girls Senior Secondary School Kotkapura is pending/under investigation with Anti Fraud Squad Faridkot. It has been further stated that "the petitioner was the Principal of the said school when above mentioned fraud was committed". The respondents have placed reliance on the provisions of the Civil Service Rules in support of their action.

(3.) The petitioner has filed a replication controverting the averments made in the written statement. On behalf of the respondents an additional affidavit has been filed by Mr. Surinder Singh, District Education Officers Faridkot. In this affidavits, it had been mentioned that F.I.R. No. 1 dated Jan. 3,1994, alleging that offences under sections 476,420, 468 and 471IPC have been committed, has been registered at police station, City Kotkapura, District Faridkot. The matter is stated to be still pending investigation with the police.