M.S.Liberhan, J.

1. The principal questions which fall for considerations from the reference order dated 17.7.1991 can safely be itemised as under :

1. Whether withholding or postponing the payment of pension or gratuity amount due on account of commutation of pension is permissible in law.

2. Whether the authorities could withhold or postpone the payment of retiral benefits?

3. Whether the Government can initiate or continue with the departmental enquiry long after the date of alleged lapse inspite of the fact that the Officer had retired from service many years back?

4. Should the enquiry proceedings be quashed on the ground of long pendency alone?

2. It is expedient to collate the facts and circumstances under which the case has come before the Full Bench. Though facts in the writ petitions being disposed of by this judgment are distinct but in order to answer the questions succinctly facts from civil writ petition No. 4970 of 1988 Dr. Ishar Singh V/s. State of Punjab and Anr. may be taken.

3. Petitioner joined as Assistant Dental Surgeon in the year, 1949. He was promoted to various, posts including that of head of the Department in 1975. Lastly he was promoted and post