G L RAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two connected Civil Writ Petition Nos. 6305 of 1986 and 1973 of 1987 as common questions of law and fact are involved therein.

(2.) In the facts, as have been mentioned above, twin relief asked for is to quash order, Annexure P-8, vide which pension of the petitioner to the extent of 10% has been stopped as also to quash enquiry initiated against the petitioner pursuant to charge-sheet, Annexure P-2. Insofar as first relief is concerned, cause of petitioner seems to be squarely covered by Full Bench decision of this Court in Dr. Ishar Singh v. State of Punjab and another, 1993 4 SLR 655, wherein it has been ruled that "State cannot escape its liability to pay pension solely in anticipation of the liability of the pensioner being fixed in disciplinary proceedings." Insofar as, thus, order Annexure P-8 is concerned, the same deserves to be quashed. So ordered.

(3.) Insofar as pendency of the enquiry against the petitioner is concerned, no definite rule or precedent has been shown that merely on account of delay caused in concluding the enquiry proceedings, the same should be dropped. However, it cannot be denied at the same time that the Government does not have unfettered powers to carry on with the enquiry for whatever time it might like. Quashing of enquiry proceedings, however, depends upon nature of charges levelled against a delinquent employee. Considering the nature of charges as spelled out in Annexure P-2, the Court is of the opinion that respondent-State should have completed the enquiry by now. However, considering totality of the facts and circumstances of this case, it is ordered that the enquiry must be completed within six months from today, failing which it shall be deemed to have been dropped.