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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
| Table of Content |
|---|
| 1. initiation of proceedings post-retirement requires legal justification. (Para 1 , 2) |
| 2. charges issued after retirement violate applicable rules. (Para 3 , 4) |
| 3. disciplinary proceedings must adhere to specific time limits post-retirement. (Para 5 , 6 , 7 , 8) |
| 4. pension is a vested right, not a gratuity. (Para 9 , 10) |
| 5. timely distribution of retiral benefits is necessary for dignity of retirees. (Para 11 , 12 , 13) |
| 6. petitioner entitled to withheld benefits due to unlawful charge-sheet. (Para 15 , 16 , 17) |
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 o
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.
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