Retiral benefits may be withheld if disciplinary proceedings were initiated prior to retirement, but such proceedings must be concluded expeditiously in a time-bound manner to ensure the timely release of dues.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting-aside the impugned order dated 31.12.2025 (Annexure P-6) passed by the respondents whereby the gratuity of the petitioner is withheld and for setting-aside the impugned order dated 08.01.2026 (Annexure P-7) passed by the respondents whereby the provisional pension of 90% has been granted. Further a writ of mandamus has been sought, directing the respondents to discharge their public function by making the payment of Gratuity along with 18% interest considering the length of service rendered by the petitioner with the respondents and to at least release the Leave Encashment with interest as has been sanctioned vide impugned order dated 31.12.2025 (Annexure P-6) and further release the provisional pension as per impugned order dated 08.01.2026 (Annexure P-7) and further to direct the respondents to expedite the inquiries pending against the petitioner in time bound manner and grant his retiral dues immediately alongwith interest till the date of actual realization.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as a Clerk on 22.06.1993 and was subsequently promoted as Work Supervisor and thereafter, as Junior Engineer, rendering more than 31 years of service. He further submits that on account of deteriorating health, the petitioner sought voluntary retirement and was accordingly relieved from service on 30.04.2025. Learned counsel for the petitioner further contends that after retirement the respondents initiated the process for release of retiral benefits, however, despite repeated representations and serving legal notice dated 19.08.2025 (Annexure P-4), the retiral dues were not released to the petitioner, compelling him to file CWP No.28740 of 2025, which was disposed of by this Court on 25.09.2025 with a direction to the respondents to decide the legal notice by passing a speaking order. In purported compliance thereof, respondent No. 2 passed the impugned order dated 31.12.2025 (Annexure P-6), whereby gratuity has been withheld on the ground of pending departmental inquiries arising out of charge-sheets dated 05.07.2023 and 03.01.2025 (Annexures P-8 and P-9, respectively), though leave encashment was sanctioned. He further submits that vide another impugned order dated 08.01.2026 (Annexure P-7) only 90% provisional pension has been sanctioned to the petitioner. Learned counsel for the petitioner further contends that even the sanctioned leave encashment and provisional pension have not been released to the petitioner till date, and the action of the respondents in withholding the retiral benefits despite retirement and in spite of the earlier order passed by this Court is arbitrary and unsustainable.

3. Per contra, learned counsel for respondent No.3 submits that two charge-sheets dated 05.07.2023 and 03.01.2025 (Annexures P-8 and P-9, respectively), are pending against the petitioner, which were issued prior to the date of his retirement and as such, some of the retiral dues have been withheld in terms of Rule 2.2(b) of the Punjab Civil Services Rules . She further submits that leave encashment of the petitioner has already been sanctioned and the same would be released within a period of two months from today.

4. In view of the above and without expressing any opinion on the merits of the rival contentions, the present petition is disposed of with a direction to respondent No.3 to ensure that the disciplinary proceedings arising out of charge-