Punjab-Haryana High Court
Hansraj Sharma vs Uttar Haryana Bijli Vitran Nigam Ltd. ... on 29 July, 2004
Equivalent citations: (2005)ILLJ837P&H, (2004)138PLR431
Author: S.S. Nijjar
Bench: S.S. Nijjar, Nirmal Singh
JUDGMENT S.S. Nijjar, J.
1. In this petition under Article 226/227 of the Constitution of India, the petitioner is seeking issuance of a writ in the nature of mandamus directing the respondents to grant 100% pension to him w.e.f. the date he retired.
2. It is not disputed that having completed satisfactory service, the petitioner retired on superannuation on 31.5.2002, 75% of the pension of the petitioner has been released on 25.2.2003. 25% of the pension and other retiral benefits are said to be withheld on the ground that a show cause notice dated 7.12.1998 has been issued to the petitioner with regard to certain material which was handed over to him while he was in service. The petitioner submitted reply dated 12.12.1998. The respondents have not taken any final decision on the show cause notice. The petitioner has submitted representation dated 27.2.2003 seeking release of remaining pensionary benefits. Even the representation has not been decided till date.
3. Learned counsel for the petitioner submitted that the department enquiry will only begin with the issuance of the charge sheet. Till date, no charge sheet has been issued. He, therefore, submits that there is no justification which would enable the respondents to withhold the pension.
4. Having considered the submissions made by the learned counsel for the parties we are of the considered opinion that the claim made by the petitioner is fully justified.
5. It has been settled by the Supreme Court in case of P.R.Nayak v. Union of India} A.I.R. 1972 S.C. 554 that issuance of a charge sheet is sine qua non for initiation of departmental enquiry. Till date, no charge sheet has been issued. There is no justification for withholding the pension of the petitioner.
6. In view of the above, the petition is allowed. A writ of mandamus is issued directing the respondents to release the remaining pension and other retiral benefits to the petitioner. The petitioner shall also be entitled to interest @ 9% p.a. on the delayed release of the pension and other retiral benefits till payment. In other words, the petitioner shall be paid interest on 75% of the pension from the date of retirement till the amount was released on 25.2.2003 and further 9% interest on 25% of the pension from the date of retirement till payment. The petitioner shall also be paid interest on any of the unpaid amounts on account of G.P.Fund, gratuity etc. Let the entire benefits along with interest be released to the petitioner within a period of two months from today.
Sd/-
Nirmal Singh, J.