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VIKAS BAHL
Kamikar Singh Deol – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a Civil Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 07.09.2018 (Annexure P-2) passed by respondent No.3 vide which only provisional pension has been sanctioned and the retiral benefits of the petitioner i.e. death-cum-retirement gratuity, leave encashment and regular pension, have been withheld.
2. Learned counsel for the petitioner has submitted that the petitioner had joined the respondent department on 16.02.1980 as a Junior Engineer and after attaining the age of superannuation i.e., 58 years, had retired as a Sub-Divisional Officer on 28.02.2017. It is further submitted that after his retirement, the retiral benefits i.e. death-cum-retirement gratuity, leave encashment and regular pension were not released to the petitioner in spite of the fact that no departmental or judicial proceedings were pending against him on the day he retired from his service nor was the petitioner under suspension. It is stated that although the petitioner was involved in four FIRs, but in none of the said four FIRs, the challan had been presented on the date
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.
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