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HARSIMRAN SINGH SETHI
Narinder Kumar Sharma – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Harsimran Singh Sethi J. (Oral) - In the present case, the prayer of the petitioner is for the grant of interest on the delayed release of the certain pensionary benefits, which were withheld by the respondents after the petitioner retired from service on attaining the age of superannuation on 30.11.2007.
2. Learned counsel for the petitioner submits that there was an FIR registered against the petitioner being FIR No. 16 dated 20.03.2006, which was pending against the petitioner at the time of retirement but the petitioner was found innocent by the competent Court of law vide judgment dated 17.02.2014 (Annexure P-2) and therefore, once the allegations alleged against the petitioner were not proved, the petitioner is entitled for intereston the delayed release of the pensionary benefits.
3. Learned counsel appearing on behalf of respondent No.3 submits that the respondents were within jurisdiction to withhold certain pensionary benefits of the petitioner due to the pendency of the criminal proceedings, which admittedly was concluded only on 17.02.2014, after which all the benefits for which the petitioner is entitled for, were released to the petitioner without any delay. Lea
The main legal point established is that when an employee's money has been used by the respondents, interest has to be given, especially if the employee has suffered prejudice due to the actions of t....
An employee found innocent of allegations and prejudiced by the actions of the employer is entitled to interest on delayed pensionary benefits, in line with settled legal principles.
Pension benefits cannot be withheld solely due to a pending FIR; charges must be framed for withholding such benefits.
Exoneration from disciplinary proceedings allows entitlement to interest on delayed pension benefits.
Entitlement to interest on delayed release of pensionary benefits and arrears of salary based on the established legal principles.
Interest on delayed release of pensionary benefits can only be paid if the benefits were withheld without valid justification and without fault on the part of the employee.
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