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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sher Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Present petition has been preferred under Article 226 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing of the order dated 13.12.2023 (Annexure P-7), vide which less retiral benefits including pay, arrears of GPF, leave encashment and pension were released in view of pendency of a criminal case and further to issue a writ in the nature of mandamus directing the respondents to release full retiral benefits to the petitioner.
2. On 02.02.2026, following order was passed by this Court: -
“Learned counsel for the petitioner, inter alia, contends that the petitioner retired on 31.08.2020 from the post of Clerk. During his service period, a false FIR No.59 dated 16.04.2011 under Section 409 of the Indian Penal Code, 1860 was registered against him, in which, on 27.10.2012, cancellation report was submitted and the same was accepted by learned Judicial Magistrate 1st Class, Moga on 28.03.2019, prior to retirement of the petitioner, as discernible from the order (Annexure P-2). Despite judicial closure of the criminal case, the respondents withheld retiral benefits of the petitioner. Feeling aggrieved, the pet
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
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 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.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
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