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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Tara Chand – Appellant
Versus
Uttar Haryana Bijli Vitran Nigam – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order/letter dated 18.02.2025 (Annexure P-17) in the shape of reply of appeal dated 16.11.2014 (Annexure P-16).
2. Learned counsel for the petitioner at the very outset submits that he confines his prayer only to the extent of grant of interest on delayed payment of his retiral benefits. The petitioner retired on 31.01.2016, however, he was placed under suspension from 09.05.2011 to 25.03.2012. The disciplinary proceedings were initiated after a lapse of three years on 09.02.2015 and they were concluded only after two and a half years on 25.07.2017. The provisional pension was granted to the petitioner by commuting only the regular service, thereafter, the part of the withheld benefits were released on 29.11.2017 during the pendency of the writ petition filed by the petitioner in CWP No.613 of 2017. The aforementioned writ was disposed of vide order dated 03.09.2024 (Annexure P-15) and liberty was granted to the petitioner to make a representation for the interest pending.
The court emphasized the employer's duty to conclude disciplinary inquiries promptly, holding that unreasonable delays in such proceedings entitle employees to interest on delayed pension payments.
Delay in disciplinary proceedings mandates prompt resolution; courts enforce employee rights for timely payment of dues.
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Government employees are entitled to receive timely retirement benefits and can claim interest on delayed payments due to administrative failure.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
Unexplained delays in disciplinary proceedings cause prejudice to the charged officer, warranting termination of such proceedings.
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