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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Nar Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 is seeking direction to respondents to release his retiral dues.
2. The petitioner joined Haryana Police Force as Assistant Sub-Inspector on 12.06.1998. He was promoted from time to time. He retired from the post of Deputy Superintendent of Police (DSP) on 31.10.2024. He served legal notice dated 03.09.2025 for not releasing his retiral benefits. Commandant, 1st IRB, Bondsi, Gurugram vide letter dated 19.09.2025 informed him that his financial benefits are linked with District Police, Sonipat, thus copy of his legal notice was forwarded to Commissioner of Police, Sonipat. He served legal notice dated 01.10.2025 upon Commissioner of Police, Sonipat to do the needful.
3. Reply by way of affidavit dated 09.02.2026 of Sh. Simrandeep Singh, IPS, Officiating Commissioner of Police, Sonipat on behalf of respondents No. 1 to 3 is taken on record. Registry is directed to tag the same at appropriate place.
4. Learned State counsel submits that petitioner was implicated in FIR No. 187 dated 09.05.2024, under Sections 3(1)(p), 3(1)(q) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
Retiral benefits cannot be withheld solely based on pending criminal charges unrelated to an employee’s official duties, as they are vested rights earned through service.
The withholding of retiral benefits, including gratuity and leave encashment, based on a pending criminal case, must be in accordance with the relevant statutory provisions and cannot be applied retr....
Gratuity withheld pending departmental proceedings post-retirement under CCS Pension Rules; leave encashment and insurance must be released absent specific legal prohibition.
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....
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