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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Vasdev Singh – Appellant
Versus
State Of Punjab – 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 to quash the impugned order dated 28.04.2025 (Annexure P-1) passed by respondent No.4, whereby the petitioner has been charge sheeted after his retirement for the charges of 2010-11, being in violation of law prescribed under Rule 2.2 (b), Note 2, Clause (b) proviso (i) and (ii) of the Punjab Civil Services Rule, Volume II. Further the petitioner has prayed for stay on the operation of the charge sheet during the pendency of this petition.
FACTUAL BACKGROUND
2. Briefly, the facts of the case, as alleged, are that, the petitioner, joined the respondent department as Junior Engineer in 1991, was promoted to Sub Divisional Engineer in 2011 and to Divisional Engineer in 2017, and retired on 29.02.2024 after over 34 years of service upon superannuation. On 28.04.2025, Respondent No. 4 issued the impugned charge-sheet (Annexure P-1),over alleged events that took place 14 years ago during 2010–2011, alleging negligence in execution of Optimum Utilisation of Vacant Government Land (OUVGL) scheme project at V
Pension rights are vested and cannot be arbitrarily denied; disciplinary actions post-retirement must adhere to statutory limits prohibiting proceedings for incidents beyond four years.
Pension is a vested right for services rendered, not a discretionary benefit; unjustified delays in disbursement violate fundamental rights, thereby mandating timely release of such dues.
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 is a valuable right protected under Article 300A of the Constitution, and cannot be denied without due process. Recovery from a deceased employee's benefits is unlawful without established li....
Charge-sheets can be valid if issued on the retirement date, even if served afterward; mere issuance does not impede a candidate's rights until an adverse order is made.
Pensionary benefits cannot be withheld if there are no pending charge sheets at the time of retirement, and the employee is entitled to interest on delayed release of benefits.
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