IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25918-2025 DECIDED ON: 02.12.2025 RAJ BAHADUR SINGH TEWATIA .....PETITIONER VERSUS STATE OF HARYANA AND ANOTHER ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Mahabir Singh Tanwar, Advocate for the petitioner Mr. Deepak Balyan, Addl. AG. Haryana *****

SANDEEP MOUDGIL, J (ORAL)

Prayer

1. The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuance of directions to the respondents to take the immediate decision in the matter and to release the retiral dues of the petitioner without any delay with interest @ 18% per annum as allowed vide order dated 31.01.2025 (Annexure P-5).

Brief Facts

2. The petitioner, a retired Additional Excise and Taxation Commissioner, Haryana, superannuated on 31.12.2020 after more than thirty-one years of service, having entered the department in 1989 through the HCS (Executive Branch) Examination and having earned successive promotions.

3. Despite having no disciplinary, judicial, or vigilance proceedings pending at the time of retirement, none of his retiral or pensionary benefits were released. Nine months later, the State issued a charge sheet dated 05.10.2021 under Rule 7 of the Haryana Civil Services (Punishment and Appeals) Rules, 2016, relating to alleged supervisory lapses of 2012.

4. The petitioner promptly submitted his reply, asserting that the charge sheet was barred under the Haryana Civil Services (Pension) Rules, 2016( in short referred to as “HCS (Pension) rules 2016”. After prolonged silence and reminders, he was granted a personal hearing on 17.05.2023 and also submitted written submissions. Continued inaction led to a legal notice dated 14.07.2024.

5. Eventually, vide order dated 29.01.2025 (issued on 31.01.2025), the competent authority withdrew the charge sheet and directed release of all retiral dues. However, despite this clear directive and a subsequent reminder dated 28.04.2025, the respondent-authority failed to release the petitioner’s pensionary benefits. Aggrieved by the unjustified and prolonged withholding of his dues for over four years, the petitioner has approached this Court seeking a writ of mandamus for immediate release of retiral and pensionary benefits with interest.

Contentions On behalf of the petitioner

6. Learned counsel for the petitioner contends that despite the petitioner having rendered more than thirty-one years of unblemished service and retiring on 31.12.2020 with no disciplinary, judicial, or vigilance proceedings pending against him, the respondents have illegally withheld his retiral and pensionary benefits for over four years without any justification.

7. It is argued that the charge sheet issued on 05.10.2021, pertaining to alleged lapses of the year 2012, was not only baseless but also hit by the bar contained in Rule 12(2)(b) and Rule 12(5)(i) of HCS (Pension) Rules,2016, having been served nearly nine years after the alleged incident and long after the petitioner’s retirement.

8. It is further submitted that the competent authority, upon considering the petitioner’s reply, submissions, and legal notice, ultimately withdrew the charge sheet vide order dated 29.01.2025 (issued on 31.01.2025) and specifically directed the Excise and Taxation Commissioner to release all retiral dues.

9. Despite this unequivocal direction, respondent No.2 has failed to release the pensionary benefits even after a further reminder dated 28.04.2025, thereby acting in clear violation of the service and pension rules.

On behalf of the respondent/State

10. Learned State counsel submits that at the time of his retirement on 31.12.2020, departmental proceedings arising out of Enquiry No. 07 dated 20.12.2011 were pending against the petitioner, and a charge sheet under Rule 7 of the Haryana Civil Services (Punishment & Appeal) Rules, 2016 had been issued on 21.09.2021.

11. It is contended that in view of Rule 81 of the HCS (Pension) Rules 2016, only provisiona