Pension and retiral benefits are vested rights, not bounties, and cannot be withheld or recovered from without a formal charge-sheet and a completed departmental inquiry proving guilt, as a charge-sheet is a sine qua non for initiating such proceedings.

HARPREET SINGH BRAR, J. (Oral)

CM-5962-CWP-2026

The present application has been filed under Section 151 of CPC for placing on record Annexures P-14 to P-21.

In view of the grounds mentioned in the application, the same is allowed, Annexures P-14 to P-21 are ordered to be taken on record, subject to all just exceptions.

Registry is directed to place the same at an appropriate place.

MAIN

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of an appropriate writ in the nature of certiorari for quashing the order dated 12.05.2023 (Annexure P-6), whereby the claim of the petitioner has been rejected on the ground that he is not entitled to pensionary benefits along with interest due to the alleged pendency of certain departmental proceedings and financial dues amounting to Rs. 9,74,463/-. The said action is stated to be illegal and contrary to settled principles of law. A further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to release pension and all other retiral benefits along with arrears w.e.f. 01.04.2020, i.e., the date following his retirement, along with interest @ 12% per annum from the date the amount became due till its actual realization.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner joined the respondent-Department on 28.06.1988 as SSA and retired from service as Junior Engineer upon attaining the age of superannuation on 31.03.2020. Referring to the impugned order dated 12.05.2023 (Annexure P-6), it is submitted that during his entire service tenure, the petitioner was issued five charge-sheets, all of which culminated in his exoneration except Charge Sheet No. 197 dated 30.05.2016, wherein a minor penalty of stoppage of one annual increment without future effect was imposed. It is further submitted that the retiral benefits of the petitioner have been withheld on the ground that certain departmental proceedings were allegedly pending at the time of retirement. However, no such proceedings were, in fact, pending. It is also contended that certain financial recoveries have been flagged in the impugned order, but no show cause notice or charge-sheet has ever been issued to the petitioner in respect thereof. The allegation of recovery, particularly regarding certain equipment, is stated to be arbitrary and actuated by mala fide on the part of respondent No. 4, as the said equipment was never entrusted to the petitioner. It is thus argued that in the absence of any pending disciplinary proceedings or statutory provision, the respondents have no authority to withhold the retiral dues.

3. On the other hand, learned counsel for the respondents submits that dues mentioned in Head 28.874 (b) financial dues mentioned in order (Annexure P-6), amount of Rs.195768/- has been released to the petitioner. It is further submitted that the petitioner has already instituted a civil suit bearing No. CS/88/2024 before the Civil Court at Patiala, wherein he has sought a declaration regarding his entitlement to release of full pension, gratuity, leave encashment along with interest, and also for refund of the amount deducted, as is evident from Annexure R-1/1. It is further contended that the financial dues have been flagged on account of recovery relating to the installation of a transformer dated 15.05.2015.