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CWP-19488-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

234 CWP-19488-2023

Date of Decision: 12.05.2026

Harjinder Pal

....Petitioner

VERSUS

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present : Mr. Ashok Sharma with Ms. Gauri Sharma, Advocates the

petitioner.

Ms. Pratibha Bali, AAG Punjab.

Mr. Sarbuland Mann, Advocate for respondent No.3.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Articles 226/227

of the Constitution of India seeking issuance of a writ in the nature of

mandamus directing respondent No.3 to release the balance retiral dues

amounting to Rs.8,00,000/- along with interest @ 9% per annum from

31.07.2022 till the date of actual realization.

2. Learned counsel for the petitioner, inter alia, contends that the

petitioner was initially appointed as a Clerk with respondent No.3 on

PUNEET CHAWLA

2026.05.19 18:29

I attest to the accuracy and

integrity of this document

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CWP-19488-2023

20.12.1996 and was thereafter allowed to retire prematurely from service

w.e.f. 31.07.2022, as is evident from order dated 09.08.2023 (Annexure P-

1). It is submitted that against the total retiral dues amounting to

Rs.15,16,800/-, the petitioner has been paid only a sum of Rs.8,00,000/- and

the remaining amount has been illegally withheld by respondent No.3.

Learned counsel further submits that the petitioner served a written

representation dated 09.05.2023 (Annexure P-3) requesting release of the

withheld retiral benefits, however, no decision has been taken thereupon till

date.

3. On the other hand, learned counsel for respondent No.3 submits

that a vigilance inquiry was initiated, which subsequently culminated in

registration of FIR No.32 dated 18.07.2024 under Sections 406, 420, 465,

467, 468, 471 and 120-B IPC read with Sections 13(1)(a) and 13(2) of the

Prevention of Corruption Act, 1988 at Police Station Vigilance Bureau,

Patiala, wherein the petitioner has also been arrayed as an accused. It is,

thus, contended that the retiral dues of the petitioner have been withheld on

account of the pendency of the aforesaid criminal proceedings.

4. I have heard the learned counsel for the parties and perused the

records with their able assistance. It transpires that the petitioner was retired

by acceptance of his premature leave on 31.07.2022. On the day of his

retirement there was no chargesheet or disciplinary proceedings pending

against him. Further, the Service Book Entry of the petitioner signed by the

PUNEET CHAWLA

2026.05.19 18:29

I attest to the accuracy and

integrity of this document

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CWP-19488-2023

Executive Officer, Municipal Council, Nabha clearly stipulates that on

31.07.2022, the petitioner’s entitlement towards his retiral dues were

amounting to a total of Rs.15,16,800/-.

5. It is a settled principle of law that in regard to grant of retiral

benefits to the retired employee the position is to be seen on the day when an

employee retires. As per settled principle of law settled by the Three Judge

Bench of the Hon'ble Supreme Court of India in Union of India Vs. K.V.

Jankiraman, 1991(3) SCT 317, the proceedings can only be termed as

pending in case a charge sheet is served in a departmental proceeding or the

charges have been framed in a criminal proceeding by the Competent Court

of Law. The Hon’ble Apex Court speaking through Justice P.B Sawant

observed as under,

“16. On the first question, viz., as to when for the purposes of the

sealed cover procedure the disciplinary/criminal proceedings can be

said to have commenced, the Full Bench of the Tribunal has held that

it is only when a charge-memo in a disciplinary proceedings or a

charge-sheet in a criminal prosecution is issued to the employee that

it can be said that the departmental proceedings/criminal

prosecution is initiated against the employee. The sealed cover

procedure is to be resorted to only after the charge-memo/charge-

sheet is issued. The pendency of preliminary investigation prior to

that stage will not be sufficien