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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Charanjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common order shall dispose of the aforementioned two writ petitions, as they arise from a similar factual matrix. CWP- 26546-2025 has been filed under Articles 226/227 of the Constitution of India seeking a writ in the nature of mandamus directing the respondents to set aside the speaking order dated 23.04.2025 (Annexure P-7) insofar as it denies the petitioner’s claim for leave encashment, and to direct the respondents to release the petitioner’s retiral benefits, i.e., Leave Encashment, and interest @ 18% per annum on the delayed payment of Gratuity. The petitioner further seeks the release of ex gratia/bonus amount for the year 2022-23 which was due on01.07.2023.
2. The writ petition i.e. CWP-36344-2025 has been filed seeking a writ of certiorari for quashing the charge-sheet dated 10.10.2025 (Annexure P-3 in CWP-36344-2025) issued by respondent-Corporation after the petitioner’s retirement. Further prayer has been made for restraining respondent-Corporation from proceeding further with the impugned charge-sheet dated 10.10.2025 qua the petitioner.
CONTENTIONS
3. Learned counsel for the petitioner inter alia contended that the petitioner ret
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.
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Disciplinary proceedings against retired employees are barred if events occurred over four years prior to charge issuance; pension and gratuity cannot be withheld without proven moral turpitude invol....
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
The court established that no chargesheet can be issued for events that occurred more than four years before its issuance, as per the Pension Regulations. Additionally, the court emphasized that the ....
The main legal point established in the judgment is that while the respondents were justified in withholding the retiral benefits of the petitioners due to pending disciplinary proceedings initiated ....
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